- (1.) THE appellants faced trial for the offences punishable under Sections 376, 376/511 and 506 Indian Penal Code (for short 'IPC') and were convicted and sentenced as under: - Appellant Joginder Singh Convicted for the offence punishable under Section Sentence Rigorous Imprisonment Fine 376 IPC Eight years Rs. 2000 in default of payment of fine to further undergo rigorous imprisonment for two months. 506 IPC One year - - Appellant Janak Singh Convicted for the offence punishable under Section Sentence Rigorous Imprisonment Fine 376 read with Section 511 IPC Four years Rs. 1000 in default of payment of fine to further undergo rigorous imprisonment for one month. 506 IPC One year - - BRIEF FACTS
(2.) THE prosecution case as it emerges from the FIR recorded on the statement of prosecutrix is that on 27.10.1998 prosecutrix and her mother went to sleep in their house after taking dinner. At about 11.00 PM, the prosecutrix got up to urinate and reached near the boundary wall of the house. Outside the boundary wall towards the fields, two young boys Joginder Singh and Janak Singh appellants were standing. They caught the prosecutrix and one of them put his hand and cloth on her mouth to prevent her from raising alarm, picked her and threatened that in case she raised raula (alarm)she and her family will be finished. They took her to an empty space near the corn field and threw her on the ground. Joginder Singh broke open the string of her salwar and underwear and committed rape upon her. Thereafter Janak Singh tried to caught her to commit rape but she raised raula which attracted her mother and both of them ran away from the spot.
(3.) THE prosecutrix narrated the entire incident to her mother but the matter was not reported to the police till 31.10.1998 to save the honour of the family. On the statement of prosecutrix (Ex.PB), police registered the FIR (Ex.PB/2) and got the prosecutrix medico -legally examined from the Medical Officer at Civil Hospital, Karnal. Dr. Amarjit Wadhwa (PW8) after her medical examination gave the medical report as follows: - "Her general condition was fair. She came walking normally. There was no injury any where on the body. Blood pressure was 120/70 pulse 72 per minute D.L.M.P. - 18 September, 1998 advise urine for pregnancy test. Ammen 1 month 13 days. Menarche -4 years back. M.Hirregular. 28 -40 days cycle. Local Examination Secondary sex character were well developed. Labia majora and minora healthy. Pubic mont fully developed. Public hair and axillary hair present. No injury on the perineum, inner parts of the thigh and lowerpart of the abdomen. PV admits two fingers easily, hymen absent, old healed tears present. PS healthy. 2 slides were prepared for the post Fx secretios. Uterus size 6 weeks ? Quairey pregnancy. Advised urine test and ultrasonography. Refer to radiologist for confirmation of age. Examination was done in the presence of mother with her consent. Clothes produced by the girl saying that she has not washed the clothes since then." After investigation, the challan was presented in the Court of Judicial Magistrate 1st Class, Karnal who vide order date 19.01.1999 committed the same to the Court of Sessions. The prosecution in order to prove its case, examined PW1 Raghbir Singh Patwari, PW2 prosecutrix, PW3 Gulab Singh Constable, PW4 Pritam Singh Head Teacher, PW5 Jaipal Singh Head Constable, PW6 Balwan Singh Constable, PW7 Dr.M.K. Rana, PW8 Dr. Amarjit Wadhwa and PW9 Jagdev Singh Sub Inspector -Investigating Officer of the case. PWs Ram Niwas Constable, Balwan Constable, Jarnail Singh SI/SHO and mother of prosecutrix were given up as unnecessary.;