- (1.) Appellants assail their conviction for the offence of Section 376(2) (g) IPC and sentence awarded of 11 years RI with fine of Rs.5000 each in Default one month's rigorous imprisonment per judg-ment in Sessions Case No. 57/2004 dated 28.9.2006 before the court of learned Spe-cial Judge, Prevention of Atrocities on SC/ ST Cases, Hanumangarh.
(2.) Heard learned counsel for the petition-ers and learned Public Prosecutor. In short, alleged facts and events per prosecution are that on 10.9.04 at about 1.30 noon, one T PW1 coming with her father I) PW4 at P.S. lodged written report Ex.PI describing that she of SC/ST caste, on that day at around 8.30 a.m. with fiod for her parents on head was passing through way near agricultural field of II where came Shankar Lai and Vinod Kumar, and Shankar holding her hand tightly, Vinod Kumar removed food container [Purut) from her head, kept it aside and then both dragged her to nearby field in the crop of 'Bajra', and, not relenting despite her re-sistance and cries and throwing her below on ground, Vinod caught firmly pushingher both hands to ground Shankar lal forcely removing her sahour, also took off own pants, undergarment and forcely did com-plete sexual act then Shankar lal closed her mouth and also holding her hand, Vinod Kumar also did the .same hoth of them ran away. Also described that she also sustained injuries at around private parts and that she weepingly narrated incident to parents and bhabhi. SllO PW6 making own en-dorsement on Ex.Pl registered FIR No. 192/ 2001 Kx.P6 for the offence of Section 376 IPO and Section 2( l)(xii) SC/ST Act. Dy. S.F PW10 in course of investigation visiting place ofoccurrence prepared pian Ex.PS and memo Kx.P/8A-photographs taken by PW9 positive J'Jx.PIS to 18 and negatives arc PL9 to 22. Concerned girl was medically exam-ined by hoard comprising of Medical Officer PW2 and two others on same day, exami-nation report is Kx.P9 and on the basis of x-ray, determined age 17 to 19 years men-tioned en Kx.P2. When T PWl was medi-cally examined, her clothes and elements of body collected, sealed and handed over to laboratory.
(3.) Both appellants arrested on 11.9.2004 and medically examined reports being Ex, P6 '& P7. At the time of examination their underwear, pant and also samples of blood, sputum etc taken, sealed and handed over to police.;