A.N.JINDAL,J - (1.) ASSAILED in this appeal is the judgment of conviction dated 20/23.1.2001 passed by the learned Additional Sessions Judge, Fatehabad, vide which the accused-appellants Bhira Singh and Amrik Singh (hereinafter referred to as 'the accused') were convicted under Sections 366, 376 (g), 506 read with Section 34 IPC and were sentenced as under :- U/s 366 IPC : To undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/- each. U/s 376(g) IPC : To undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- each. U/s 506 IPC : To undergo rigorous imprisonment for six months each.
(2.) HOWEVER , all the substantive sentences were ordered to run concurrently. The story as unfolded by the prosecution, which culminated into trial is that the prosecutrix (name not disclosed) aged about 15 years is a resident of village Sidhani. On 28.12.1998, at about 7.00 PM, she had gone to ease out herself in the fields, where she was induced by the accused Bhira Singh, Amrik Singh and another accused Sanju (since facing trial before the Juvenile Court) and took her to Bareta on the pretext of seeing a movie, then first they took her to brick-klin, where they raped her simultaneously. Thereafter, they took her to village Budlada on foot, and then to Ferozepur by bus, where she was kept for months and was raped by the accused persons.
(3.) ON the statement of Ram Phal-complainant (hereinafter referred to as 'the complainant'), FIR No. 177 dated 30.12.1998, under Sections 363, 366, 34 IPC (Ex.PO) was registered at Police Station, Jakhal. The quest for search continued, ultimately on 27.2.1999, SI Jai Pal Singh (PW12) recovered the prosecutrix from the house of Mangal Singh at Ferozepur. He also arrested the accused on the same day from Ferozepur. Thereafter, the prosecutrix was medico-legally examined. Regarding age, she was examined by Dr. Arun Gupta, Radiologist (PW11) on 4.3.1999, who observed the prosecutrix to be between 15 to 17 years of age. Investigating Officer recorded statements of the witnesses; prepared rough site plan of the place of occurrence; collected reports from the Forensic Science Laboratory, Madhuban and ultimately filed report under Section 173 Cr.P.C. against the accused.;