A.N.JINDAL, J. - (1.) ANGREZ Singh, Kuldeep Singh appellants (hereinafter referred to as the accused) faced trial under Sections 366 and 376 of the Indian Penal Code (hereinafter referred to as 'IPC'). Consequently, they were convicted and sentenced to undergo rigorous imprisonment for a period of three year and to pay a fine of Rs. 2000/- each under Section 366 IPC and rigorous imprisonment for five years and to pay fine of Rs. 5000/- each under Section 376 IPC. In default of payment of fine, the corresponding sentence was also awarded by the learned Additional Sessions Judge, Jalandhar against both the accused. It was further ordered that out of the fine, if recovered, a sum of Rs. 10,000/- shall be paid to the prosecutrix, on account of compensation.
(2.) SINCE the third accused namely Bhupinder Singh had expired during trial, therefore, proceedings against him stood abated. The prosecution case when put in brief is like this, that on the evening of 21st of March 1989 the prosecutrix (name not to be disclosed and she is referred as prosecutrix hereinafter), along with her mother Simar Kaur had gone to fetch fodder from the fields of Udham Singh. Simar Kaur after collecting the fodder returned to her house whereas prosecutrix was to return sometimes thereafter. After sun-set, when prosecutrix, after getting fodder reached near the field of Udham Singh then all the three accused, referred to above, came on a tractor. After parking the tractor near prosecutrix, Bhupinder Singh and Angrej Singh caught hold of her by her arms and legs and threw her in the trolley, she was taken to the mustard crop in the fields of Mehanga Singh. While reaching there, Angrej Singh threatened her at the knife point to remove her salwar. When prosecutrix resisted, he gave a knife blow on her right ear and broke the string of her salwar. Thereafter, Angrej Singh, Bhupinder Singh and Kuldeep Singh raped her simultaneously. None was attracted to her cries. The prosecutrix also had a scuffle. As a result of scuffle, her bangles were broken and shirt was torn. At about 10 p.m., all the accused shifted her to the upper storey (chobara) of the house of Angrej Singh, which adjoins to the house of the prosecutrix where they again raped her. At about 4 a.m. on 22.3.1989 when Mehanga Singh and Bhagat Singh were attracted to her cries they came to her rescue and recovered her. After Dharam Singh, father of the prosecutrix returned to the village in the evening, he accompanied by the prosecutrix proceeded to the Police Station for registration of the case. However, ASI Manjit Singh who met them on the way recorded her statement Ex. PA and sent the same to the Police Station. On the basis of which, FIR No. 36 dated 22.3.1989 Ex. PW8/A was recorded in the Police Station Nawanshhr, which was followed by the investigation. ASI Manjit Singh took into possession the trouser (salwar), torn shirt of the prosecutrix and collected the broken bangles of the prosecutrix and prepared the rough site plan of the place of occurrence. The also recorded the statements of the witnesses, got the prosecutrix medico-legally examined and on completion of investigation, challan against all the accused was presented in the Court.
(3.) AFTER charge was framed against all the three accused, Bhupinder Singh accused expired, therefore, accused Angrej Singh and Kuldeep Singh faced trial. Both the accused denied the charges framed against them and pleaded their innocence.;