A.N.JINDAL,J - (1.) THIS judgment disposes of Criminal Appeal No. 120-SB of 1998 and Criminal Revision No. 461 of 1998 arising out of the judgment dated 19.01.1998 passed by Additional Sessions Judge, Mansa. The accused Mishra Singh and Bhani Singh (hereinafter referred to as the accused) along with Paramjit Singh were tried under Sections 366/376(2)(g) of the Indian Penal Code(hereinafter referred to as the 'Code'). Consequently, vide judgment dated 19.01.1998 passed by Additional Sessions Judge, Mansa Paramjit Singh was acquitted whereas the appellants were sentenced to undergo RI for 10 years and to pay a fine of Rs. 1,000/- each under Section 376 2(g) of the Code and to undergo RI for 5 years each under Section 366 of the Code.
(2.) THE factual matrix of the case as narrated hereinafter is that on 22.10.1995 at about 12.00 noon the prosecutrix (name not disclosed) aged about 14 years (a student of 8th standard) was coming to her house during recess in the school. At that time, her father Roop Singh had gone to attend his duty whereas her mother Amarjit Kaur had gone to bring the fodder from the field. Thus while getting benefit of her being alone, both the appellants came to her and took her away on the pretext that Amarjit Kaur was ill and was lying admitted in the Civil Hospital Khiala Kalan. Consequently, she accompanied them to the hospital but on reaching there the said fact was found to be false. However, both of them represented to her that she may have been shifted to Civil Hospital Mansa and took her to Mansa. At bus stand Mansa, while directing prosecutrix and Bhani Singh to stop there, Mishra Singh went to call Paramjit Singh accused(now acquitted) and Harinder Singh. Thereafter all the four aforesaid persons in conspiracy with one another took her forcibly inside the house of Paramjit Singh where Harinder Singh and Mishra Singh committed rape upon her in the presence of Paramjit Singh and Bhani Singh. In the meantime some relatives of Paramjit Singh came, at this Mishra Singh brought the prosecutrix on the scooter of Paramjit Singh to her village Tamkot. On reaching her house, she disclosed her woeful story to her father Roop Singh and mother Amarjit Kaur. Consequently, they went to the police station where prosecutrix got recorded statement Ex.PF before SI Rupinder Kumar, on the basis of which FIR Ex. PF/2 was recorded.
(3.) THE investigation was handled by SI Rupinder Kumar who went to the place of occurrence; recorded the statements of witnesses; sent the prosecutrix for medical examination; took into possession the medical examination report. He also took into possession vaginal swabs, packet containing clothes of victim i.e. salwar shirt and dupatta and sealed envelope containing request letter to Chemical Examiner; arrested the accused and on completion of investigation; report u/s 173 of the Code of Criminal Procedure was submitted. On taking cognizance they were charged under Sections 366, 376(2)(g) of the Indian Penal Code to which they pleaded not guilty and claimed trial.;