T.P.S.MANN,J - (1.) BY a common order, I intend to dispose of the present appeal filed by Sanjay and also the appeal (Crl. Appeal No. 464-SB of 1993) filed by Vishnu.
(2.) THE appellants, namely, Sanjay and Vishnu, were tried by Additional Sessions Judge, Panipat for offences under Sections 376(2)(g) and 366 IPC. Vide impugned judgment and order, the trial Court convicted them under Sections 376(2)(g) IPC and sentenced them to undergo RI for ten years and to pay a fine of Rs. 2,500/- each, in default of payment of fine to further undergo RI for three months. Sanjay appellant was also convicted under Section 366 IPC and sentenced to undergo RI for four years and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for one month. Vishnu was, however, acquitted under Section 366 IPC. The FIR was registered on the basis of statement Ex. PJ made by prosecutrix to the police. She alleged therein that she was the student of 5th class. Her father was working as a Peon in the school situated in the village itself. All of them lived in a house located near the school. On 16.3.1992 at about 8.00 p.m., she went to the pits behind the school in order to answer the call of nature. On the way, Sanjay accused met her. He asked her to accompany him for seeing the dance programme performed by women-folk in his street on the eve of Holi festival. She accompanied him towards that side. When she reached near the house of the accused, he gagged her mouth and took her into his house, which was lying vacant. After some time, Vishnu accused also came there and bolted the door of the house with a chain. Both the accused then raped her without her consent. She raised an alarm, which attracted Rakesh and Suresh, who pushed the door open and entered the house. On seeing them both the accused ran away. She was taken to her house. At that time, her father was away in connection with some domestic work, who came to the village on 18.3.1992. On his return, she narrated the entire occurrence to him. On the basis of the aforesaid-mentioned statement, the FIR was registered at Police Station, Samalkha.
(3.) THE prosecutrix was taken to Civil Hospital, Samlakha for her medical examination but no lady doctor was available there. She was then brought to Civil Hospital, Panipat, where Dr. Abha Bhawan examined her.;