- (1.) The present appeal has been directed against the judgment dated 01.12.2003, passed by the Additional Sessions Judge, Rewari, (hereinafter to be referred as 'the trial Court'), whereby the appellant and his co-accused, namely Naresh (since deceased) were convicted and sentenced for commission of offence punishable under Sections 376 (2) (g) and 506 of the Indian Penal Code (in short, 'IPC'), extracted hereinbelow: Convicted under Sections Sentenced awarded Section 376 (2) (g) IPC Section 506 IPC -To undergo R.I. for a period of ten years with payment of fine of Rs.2,000/-. In default of payment of fine, to undergo further R.I. for a period of one year -To undergo R.I. for a period of one year
(2.) The facts of the case, culled out from the judgment of the trial Court, are capitulated as follows: The prosecutrix (name kept secret) wife of Sanjay, resident of village Daroli made a complaint, Ex. PE, on the allegations that on 24.03.2003 at about 1.30 pm, she had gone to the fields to collect 'kasni' (green fodder); when she was cutting fodder, two persons caught hold of her. They were Naresh son of Banwari and Umed son of Roop Chand, residents of Daroli. Both of them dragged her with bad intention in the nearby mustard field, laid her on the ground, put her 'lugdi' (a sort of cloth) in her mouth and raped her, in turns. During committing rape, accused caught her hands. After the occurrence, while leaving the place, both of them threatened her that in case she reported the incident to anybody, she shall be eliminated. Her husband is a PGP Agent and was away on work, whereas her mother-in-law was away to village Dholi Pali for treatment of her sister-in-law (nanad). She did not narrate the incident to anybody till her husband came on 27.03.2003.
(3.) Formal FIR was registered in the Police Station on the basis of the aforesaid complaint. The prosecutrix was got medico legally examined. Clothes worn by her at the time of crime were handed over by the Medical Officer in a sealed parcel to the Police for chemical analysis. The accused were arrested and were got medico legally examined on the date of arrest. Underwear/pants of both the accused were handed over by the Medical Officer in a sealed parcel to the Police for chemical analysis. Site plan of the scene of crime was prepared. Statements of the witnesses were recorded. On completion of investigation, challan was presented in the Court for commencement of trial.;