Jasbir Singh, J. - (1.) Respondents along with Sheera, Baru and Beeta were accused of commission of offences under Ss. 366A/376 of the Indian Penal Code. Three persons, named above, other than the respondents, were found to be juvenile and their trial was separated from that of the respondents.
(2.) Criminal law was set in motion on the basis of statement, made by Manjit Kaur (PW3) on April 14, 1994, wherein she has stated that on the night of April 09, 1994, at about 9 PM, she and her cousin Rani, aged about 12 - 13 years, had gone to ease themselves near pond of village Chhajli in eucalyptus trees. It was further stated that above named five persons came there. Sheera stated that if the complainant and Rani raised any alarm, they shall be done to death. Sheera and respondent Makhan caught hold of the complainant from arms, whereas Rani was caught by Beeta and Baru from her arms. Later they were taken to the shop of Makhan and out of panic, the complainant and Rani did not raise any alarm. Rani was taken inside the verandah by Beeta and Sheera, while Makhan closed the door of the shop. The respondents and Baru turn by turn committed forcible rape upon Manjit Kaur (PW3). Beeta and Sheera committed rape upon Rani. Both - the complainant and Rani - returned to their house around mid -night and narrated the entire occurrence to Angrez Kaur, mother of the complainant. The father of the informant was not available as he had gone to meet his relatives. When he came back, entire episode was narrated to him. Matter was reported to the police on April 14, 1994. Upon statement made by Manjit Kaur (PW3), FIR Ex. PW3/C was recorded on September 14, 1994. Both - the complainant and Rani - were got medico legally examined from Civil Hospital, Sangrur. Thereafter, the accused were arrested.
(3.) On completion of investigation, final report was put in Court for trial. Respondents were charge -sheeted, to which they pleaded not guilty and claimed trial.;