- (1.) By this common judgment I intend to dispose of the present appeal i.e. Cri. Appeal No. 422-SB of 1991 filed by Vijay Kumar alias Ajay appellant and connected appeal i.e. Cri. Appeal No. 427- SB of 1991 filed by Ranjit Singh alias Babbal appellant.
(2.) The aforementioned two appellants, namely, Vijay Kumar alias Ajay and Ranjit Singh alias Babbal were tried by Additional Sessions Judge, Chandigarh under Sections 376/34, IPC on the allegations that on 26-10-1990 they along with one Muna, raped the prosecutrix. Vide judgment and order dated 7-11-1991, the trial Court convicted the appellants under Section 376 read with Section 34, IPC and sentenced them to undergo RI for ten years and to pay a fine of Rs. 250/- each. In default of payment of fine, the defaulter was directed to undergo further RI for three years.
(3.) The case of the prosecution was that the prosecutrix, who was an unmarried girl of about 16 years of age and living with her parents, was a student of 10th class. On 26-10-1990 at about 6.30 p.m.; she was returning from the house of her friend in village Burail. When she was moving on the road by the side of mango trees behind a college in Sector 32, Chandigarh, Ranjit Singh alias Babbal, Vijay Kumar alias Ajay and Muna caught hold of her and dragged her forcibly to the place under the mango trees. While Ranjit Singh alias Babbal caught hold of her from her hands and Muna from her legs, she was raped by Vijay Kumar alias Ajay. Thereafter when Vijay Kumar placed his hands on her mouth and Muna Kept on holding her legs, Ranjit Singh alias Babbal committed rape. Last of all, accused Muna committed rape and at that time Vijay Kumar alias Ajay was gagging her mouth and Ranjit Singh alias Babbal holding her legs. All this time she had been crying. Her cries attracted two policemen and her father to the spot. In fact her father had left the house for searching her. The two policemen and her father were able to apprehend Ranjit Singh alias Babbal at the spot, whereas, Vijay Kumar alias Ajay and Muna managed to escape.;