- (1.) Challenge in this appeal is the judgment and order dated 07.05.2004 passed by Shri S.K.Gupta, learned Additional Sessions Judge, Jagadhri vide which the accused-appellants were convicted under Section 376(2)(g) of the Indian Penal Code ( in short the IPC) and sentenced to undergo rigorous imprisonment for a period of 10 years each.
(2.) The prosecution story in brief is that on 4.5.2003, the marriage ceremonies of the marriage of Angrejo Devi, father's sister of 17 years and 11 months old prosecutrix were going on in their village Parwalo. A tent was erected in the fields near the abadi of village for reception of Barat. At about 11.00 P.M. the prosecutrix accompanied by her family members including the bride was going to the place where tent was erected to participate in Jaimala ceremony. On the way she felt pain in her abdomen and sat by the side of the road to ease herself, whereas the persons accompanying her proceeded further to the venue. When she sat Ishwar Singh accused came there and caught her from behind. Meanwhile remaining two accused Sandeep Kumar and Tej Pal too arrived there. All the three persons committed rape upon her turn by turn. After the occurrence she did not go to the venue of marriage, rather she returned home. She did not tell about the occurrence to anybody because of marriage in the family and presence of guests. She told about the occurrence to her chachi Sunita Devi on the morning of 7.5.2003. Sunita Devi told about the same to other members of family. The prosecutrix was taken to police station Buria by her chachi Sunita Devi and father Jangsher Singh to report the occurrence. Her statement was recorded in the police station by Mahinder Singh SI and on the basis of her statement, FIR was registered. Thereafter, she was taken to Civil Hospital, Jagadhri where she was medico legally examined by the doctor.
(3.) Mahinder Singh SI went to the place of occurrence and carried out spot inspection. Rough site plan was prepared. Ishwar Singh accused was arrested on the same day from his house. He was taken to Civil Hospital, Jagadhri, where he was medical legally examined.;