A.N.JINDAL,J - (1.) NIRMAL Singh and Daler Singh accused appellants (hereinafter referred to as the 'accused') have called in question the judgment dated 11.11.1997 passed by Addl. Sessions Judge (II), Kurukshetra whereby they were convicted under Section 376(g) and were sentenced to undergo RI for 10 years and to pay fine of Rs. 10,000/- and in default of payment of fine to further undergo RI for one year.
(2.) RAM Pal complainant had two daughters and three sons. Lakshmi, his daughter was 13 years old and was younger to his son Sanjeev Kumar. The marriage of his eldest daughter, Bala Devi was to take place on 24.02.1995, whereas on 20.02.1995, there was a ladies sangeet in his house. In that connection, Shanti Devi, mother of Ram Pal directed prosecutrix (name not disclosed) to bring gur from the nearby shop. Despite a long wait, she did not turn up, therefore, the complainant and other family members got suspicious and started searching her. When they were passing by the shop of Nirmal Singh accused, they heard the cries of prosecutrix from inside the shop. On raising the noise, some people of the mohalla also gathered. On hearing the voices of the crowd, both the accused after opening the shutter of the shop fled away. The prosecurix, who was in the shop, disclosed that both the accused raped her. On the basis of the aforesaid statement made on 21.02.1995, before Rajesh Kumar, Sub Inspector, Police Station Ismailabad, FIR was registered against the accused. The investigating officer visited the place of occurrence, lifted the broken bangles, took two bangles of the prosecutrix from her hand. Bed sheet lying on the wooden platform was also taken into possession; recorded the statements of the witnesses; got the prosecutrix and the accused Nirmal Singh medically examined whereas the accused Daler Singh had run away, who was arrested on 24.02.1995.
(3.) THE statement of the prosecutrix under Section 164 Cr.P.C was also got recorded in the Court on completion of investigation, the challan against the accused was presented. Consequently, both the accused were charged for committing rape which they contested and claimed trial.;