- (1.) BY this judgment I intend to dispose of CRA S -489 -SB of 2001 titlted as Malkiat Singh Versus State of Punjab and CRA S -767 -SB of 2001 titled as Mohan Lal and another Versus State of Punjab as both these appeals have arisen out of the same FIR, judgment and order. For convenience, facts are being taken from titlted as Malkiat Singh versus State of Punjab.
(2.) CHALLENGE in these appeals is to the judgment and order dated 4.4.2001 passed by learned Sessions Judge, Hoshiarpur vide which the accused appellants have been convicted under Sections 366, 376(2)(g) and 506 of the Indian Penal Code ( in short the IPC) and sentenced to undergo rigorous imprisonment and fine as under: - Offence Sentence Fine In default 366 IPC RI for 3 years Rs.1000/ - RI for 1 month 376(2)(g) IPC RI for 10 years Rs.2000/ - RI for 2 months 506 IPC RI for 1 year Rs.500/ - RI for 1 month
(3.) HOWEVER , all the substantive sentences were ordered to run concurrently. Shorn of unnecessary details, the brief facts of the case are that on 4.4.2000 prosecutrix made statement before the Police that she has one son and two daughters and on 29.3.2000 at about 4 PM, two boys, namely, Surinder Pal and Mohan Lal (accused) belonging to her parental village Parelian came on a sky blue scooter to her house and Surinder Pal said to her that her mother Tripta Devi was seriously ill and her mother has called her to village Parelian and upon this, she along with her son Rahul aged about 8 years and daughters Prinka Devi aged 6 years, accompanied Surinder Pal and Mohan Lal on their scooter for going to village Parelian and when they reached near Kandhi -canal Talwara, Malkiat Singh accused followed them on his scooter of green colour and when they were going from Hajipur to her parental village, after crossing the big canal on Dasuya road, they turned towards left and ahead of that place Surinder Pal and Malkiat Singh stopped their scooters and all the three pushed her forcibly to the wheat field near the mango tree and all the three removed her clothes and inspite of her prohibiting them, Surinder Pal, Malkiat Singh and Mohan Lal committed rape with her against her consent. She raised alarm Bachao Bachao but all the accused gave threats to kill her brother and son and committed rape with her turn by turn. One boy used to gag her mouth while the other used to commit rape with her and the accused threatened her and asked her not to disclose this incident to anybody else. On hearing her alarm, Lakhwinder Singh son of Chuhar Singh of village Barota, came to the spot and all the three accused ran away out of fear on their scooters leaving her there. She told the entire incident to Lakhwinder Singh, who took her along with the children to her house. The prosecutrix added that out of fear and threats given by the accused to kill her brother and son, she had not disclosed this incident to any one but she told the incident to her mother on 4.4.2000, who had come to see her at village Siri Pandain and she along with her mother went to lodge the report. After completion of investigation, challan was presented against Mohan Lal, Malkiat Singh and Surinder Pal accused.;