Sham Sunder, J. - (1.) THIS judgment shall dispose of three criminal appeals bearing No. 598 -SB of 1999 filed by Balwan Singh, 599 -SB of 1999 filed by Shamsher Singh and 600 -SB of 1999 filed by Krishan Kumar arising out of the judgment dated 6.4.1999 rendered by the Court of Additional Sessions Judge, Panipat, vide which it convicted the accused/appellants and sentenced them as under: Name of the Convicted for Sentence awarded Convict the offence Balwan Singh 376(2Xg) RI for a period of 10 years and to pay a fine of Rs. 4,000/ - in default of payment of fine to further undergo RI for a period of six months. 344 RI for a period of 1 year and to pay a fine of Rs. 500/ - in default of payment of fine to further under go RI for a period of three months. Shamsher Singh 376(2)(g) RI for a period of 10 years and to pay a fine of Rs. 4,000/ - in default of payment of fine to further undergo RI for a period of six months. 344 RI for a period of 1 year and to pay a fine of Rs. 500/ - in default of payment of fine to further undergo RI for a period of three months. 366 IPC RI for a period of 3 years and to pay a fine of Rs. 1,000/ - in default of payment of fine to further undergo RI for a period of four months. 506 RI for a period of six months. Krishan Kumar 376(2)(g) RI for a period of 10 years and to pay a fine of Rs. 4,000/ - in default of payment of fine to further undergo RI for a period of six months. 344 RI for a period of 1 year and to pay a fine of Rs. 500/ - in default of payment of fine to. further undergo RI for a period of three months. The substantive sentences of the appellants were ordered to run concurrently.
(2.) THE facts, in brief, are that the father of the prosecutrix was originally a resident of Village Vidya Nagar, Bhiwani. At the time of occurrence he was residing in House No. 49, situated in Eight Maria Colony, Panipat, being posted as a Clerk, in the office of the District Ayurvedic Officer. On 2.5.1996, the prosecutrix was alone, in her house, as her parents had gone to the market. At about 7.00 P.M., Shamsher Singh, accused, came to the house of Bahadur Singh, father of the prosecutrix, and told her that her grand -mother was ill and had called her. He asked her to accompany him to her grand -mother. The prosecutrix expressed her inability, to accompany the accused Shamsher Singh, on the ground, that her parents had gone to the market. Shamsher Singh, accused, however, told that the distance was not too much, and she will be able to return very soon. The prosecutrix then accompanied Shamsher Singh, accused. She was taken to the house of Balwan Singh, accused. Wife of Balwant Singh, asked him about the prosecutrix, but she was beaten by the accused and turned out of the house. Krishan Kumar, accused, was also present there. On that night, the prosecutrix was forcibly subjected to sexual intercourse, turn by turn by all the three accused. On the next day, she was beaten and taken to the native Village Malseri Khera of Krishan Kumar, situated in Jind District. One day, she was taken to Jind, by the accused where a document was got reduced into writing from an Advocate. Thereafter, she was taken to Village Malsari Khera by Krishan Kumar and Balwan Singh. One day Shamsher Singh, accused, came to the house of Krishan Kumar and told that the situation had become serious. It was further stated that the prosecutrix was threatened, at the point of knife, to depose in favour of the accused, otherwise, she would be killed. Thereafter, the prosecutrix was taken to Panipat by the accused, and she was allowed to go to her house. It was further stated that the prosecutrix remained in the house of Krishan Kumar for about 20 days, and during this period, she was forcibly subjected to sexual intercourse, by all the three accused. The prosecutrix stated that she returned to her house on 21.5.1996. The father of the prosecutrix had already lodged a missing report. On the basis of the statement made by the father of the prosecutrix, an FIR was registered. The prosecutrix was got medico -. legally examined. The accused was arrested. After the completion of investigation, the accused were challaned. On their appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Sections 363, 366, 376(2)(g), 344 and 506 IPC, was framed against them, to which they pleaded not guilty and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Balbir Singh, Constable, PW -1, Suresh Kumar, PW -2, Dharambir, PW -3, Hari Singh, PW -4, Ram Bhagat, Constable, PW -5, Dr. S.S. Kalra, PW -6, Dr. C.V. Singh, PW -7, Ms. Anu Arora, PW -8, Mrs. Neerja Kulwant Kalson, PW -9, Shashi Bala, PW -10, Bhagat Singh, ASI, PW -11, Ramesh Malik, PW -12, Zile Singh, ASI, PW -13, Smt. Chandna Chaudhary, PW -14, Bahadur Singh, PW -15, and Rajinder Singh, PW -16. Report of the FSL, Madhuban, Ex.PU, was tendered into evidence by the Additional Public Prosecutor, and he closed the same.;