- (1.) The present appeal has been filed against the judgment and order dated 23/24.1.2002, whereby the learned Additional Sessions Judge, Panipat, convicted and sentenced the accused-appellants for a period of ten years each and to pay a fine of Rs. 5000/- each; in default of payment of fine, the defaulter to further undergo RI for six months, under Section 376(2)(g) of the Indian Penal Code; and to undergo RI for a period of four years each and to pay a fine of Rs. 1000/- each; in default of payment of fine, the defaulter to further undergo RI for a period of two months under Section 363 of IPC and to undergo RI for five years and to pay a fine of Rs. 2000/- each; in default of payment of fine, the defaulter to further undergo RI for a period of four months. The facts necessary for adjudication of the matter as narrated in para 3 of the impugned judgment are as under:-- On 8.2.2000 Ram Mehar, complainant father of the prosecutrix Bateri met S.I. Vinod Kumar at Sanjay Chowk, Panipat and gave an application Ex. PJ. In the said application, Ram Mehar disclosed that his daughter Bateri aged about 17 years was missing since 14.1.2000 and he had lodged the report in the police station on 24.1.2000. He searched for his daughter amongst the relatives and brotherhood and during search, he came to know and even has reasons to believe that his daughter Bateri has been enticed by Narender Kumar son of Parivar Singh, resident of Siwah, Binder son of Amar Singh, resident of Palri and Chander Bhan son of Jiya Lal, resident of Bhalsi in order to marry her and she has eloped with them and above mentioned three boys are present near the Railway Station, Panipat in order to go somewhere and action be taken against Narende, Binder and Chander Bhan and his daughter be got released from their clutches. On the application moved by Ram Mehar Ex. PJ, S.I. Vinod Kumar made the endorsement Ex. PJ/1 and sent ruqqa in the police station where on the basis of the same formal FIR No. 36 dated 8.2.2000 was recorded. Thereafter, on the same day on receipt of secret information against the accused that they were present near Railway Station at Battak Chowk alongwith Bateri Vinod Kumar S.I. (P.W.10) alongwith complainant Ram Mehar and other officials went to Battak Chowk Panipat. The accused and Bateri were apprehended. Their names and addresses enquired. Accused were arrested. Recovery memo Ex. PN was prepared by Vinod Kumar S.I. He also prepared a rough site plan with regard to the place of recovery Ex. Pm and recorded the statements of witnesses. Thereafter, on the same day all the accused were medico-legally examined by Dr. Y.P. Singhmar (P.W.1). Then, S.I. alongwith accused and Bateri went to the police where Bateri was subjected to rape. He prepared site plan Ex. PQ with correct marginal notes of that place and recorded the statement of the prosecutrix. Bateru was handed over to the father of the prosecutrix directing him to bring Bateri on the next day for medical examination. On the next day, Bateri was medico legally examined by lady doctor Jaya Goel (P.W.9). The doctor handed over a sealed parcel to the Investigating Officer which was taken into possession and the same was deposited with the MHC. The statement of Bateri under Section 164 of the Code of Criminal was also recorded on 15.2.2000.
(2.) After completing all the formalities, a report under Section 173 of the Code of Criminal Procedure was presented in the Court. The accused-appellants were charged for the commission of offence punishable under Sections 363, 366, 376(2)(g) of IPC, to which, they did not plead guilty and claimed trial.
(3.) In order to substantiate the charge, the prosecution has examined the following witnesses;- P.W.1 Dr. Y.P. Singmar, Medical Officer, G.H. Panipat, who proved the medico legally examination reports of all the accused. P.W.2 HC Bhim Singh, tendered in evidence his affidavit Ex. PD P.W.3 Constable Phool Kumar, tendered in evidence his affidavit Ex. PE P.W.4 Inspector Shish Ram, the then S.H.O., prepared a report under Section 173 Cr.P.C., and filed the same in the Court. P.W.5 P.W. Sushama Lata, Assistant Teacher, GSSS, Siwah, who brought the school record with regard to the date of birth of the prosecutrix i.e. 5.6.19S3. P.W.6 Ranbir Singh, Patwari Halqa, proved Akshajra Ex. PF of the spot. P.W.7 Prosecutrix, daughter of the complainant. P.W.8 Ram Mehar, complainant who made an application with regard to the incident. P.W.9 Dr. Jaya Goel who conducted medico legally examination of the prosecutrix. P.W.10 Sub Inspector Vinod Kumar, who investigated the matter and arrested the accused.;