MAHESH GROVER,J - (1.) BY this common judgment, I propose to dispose of both the aforementioned appeals.
(2.) THE appellants have assailed the judgment and order of the Addl. Sessions Judge, Sonepat dated 4.12.1992 and 5.12.1992, respectively convicting them and awarding a sentence of 5 years and to pay a fine of Rs. 500/- each in default of payment of fine to further undergo rigorous imprisonment for six months under Section 366 of the Indian Penal Code (in short 'the Code') and further sentence of 10 years and to pay a fine of Rs. 2,000/- each, in default of payment of fine to further undergo rigorous imprisonment for one year each, under Section 376(g) of the Indian Penal Code. Both the sentences were ordered to run concurrently. The appellants were arrayed as accused in FIR No. 121 dated 16.9.1990 under Sections 366 and 376(g) of the Code registered at Police Station Baroda which was recorded on the basis of statement of Nirmala prosecutrix, who stated that she is the daughter of Jaswant resident of village Bichhpari and is married with one Surta of village Rindhana. About a few years ago she had delivered two children from the loins of Surta. On 15.9.1990 at about 2.30 or 3.00 p.m. she left Rindhana in a bus for Bichhpari to see her parents and came to Gohana. While waiting for a bus bound for Bichhpari at Baroda Mor, accused Jai Singh and Mukesh came in a Maruti van along with some lady and enquired from her as to why she was sitting there. She told them that she was waiting for a bus. On that the lady occupant of the van told her that there was a strike of the buses and since they were going towards Safidon she could board their van and in this manner she will reach Bichhpari early. The complainant accepted the offer and boarded the van along with both her sons. The lady occupant of the Maruti van made her to smell something after they had covered a small distance, upon which she had become semi-conscious. After sometime the lady got down from the van and three more persons boarded the van and all the accused persons took her in the area of village Chhichhrana in a Kotha of tube well, removed her salwar and committed rape one after the other. She was forcibly administered liquor. In the morning she was taken by Jai Singh and Mukesh towards Delhi. She heard the accused saying that a black flag be hoisted on the Maruti van and they should go direct to Delhi. But instead of going to Delhi they went to village Ghelod, stopped the van, locked it and thereafter both the accused went inside the village. She regained her consciousness, raised noise along with her both the sons which attracted the residents of the village. They broke open the window panes and took her out along with the children and then made her to sit at the house of Ganga Dutt whose brother is married to a lady namely Bohti of village Bichhpari. In the meantime, both the accused came. They objected as to why the residents of the village Ghelod had taken the complainant out of the van. But the villagers overpowered them and made them to sit in the Chaupal with the help of the Sarpanch. Ganga Dutt was sent to village Bichhpari who came with Ram Chander uncle of the prosecutrix. Ram Chander met Nirmala and came to know about the entire happening and went to inform the police which met him at the bus stand of village Ghelod. An application Ex.PL was handed over to the police on which an endorsement was made and the same was sent to the police station for registration of the case. Thereupon the police went to village Ghelod and found the accused Jai Singh and Mukesh present there. Nirmala prosecutrix was also found in the house of Ganga Dutt. She was dispatched with her uncle and police officials for medical examination and both the accused persons were also sent for medical examination. The prosecutrix was medico-legally examined by Dr. Mrs. Ranjana Gupta and the accused were similarly examined by Dr. C.D. Sharma and Dr. S.S. Malik. The police inspected the place of abduction at Baroda Mar and then went to village Chhichhrana, the place of occurrence. Site plan was prepared and the van was taken into possession. The remaining accused, namely Ranbir, Randhir and Rajbir were also taken into custody. Clothes of the prosecutrix and the accused were separately sent to the Director, Forensic Science Laboratory, Madhuban. After completing the investigation all the accused were challaned.
(3.) THE case was thereafter committed to the Court of learned Sessions Judge, Sonepat.;