SUNIL KUMAR GARG, J. - (1.) THIS appeal has been preferred by the accused appellants against the judgment and order dated 2.3.1989 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar, in Sessions Case No. 10/88 where by the learned Additional Sessions Judge while acquitting the accused appellants for offence Under Sections 328 and 377 I.P.C. and another accused Anop Singh for offence Under Sections 328, 377/34 and 377/109 I.P.C. convicted the accused appellants for offence Under Section 379 I.P.C. and sentenced them as under: NAME OF CONVICTED SENTENCE AWARDED ACCUSED UNDER SECTION Chhinderpal Singh 379 IPC 1 Year's R.I. and a fine of Rs.lOO/ - in default to Further undergo 1 month's R.I. Baldev Singh 379 IPC 1 Year's R.I. and a fine of Rs.lOO/ - in default to further undergo 1 month's R.I.
(2.) BY the same judgment, another accused Anop Singh was also convicted and sentenced for offence Under Section 379 I.P.C, but he has not preferred any appeal before this Court. It arises in the following circumstances: i) On 5.1.1988 P.W.I Falaksher lodged a F.I.R. Ex.P/1 with the Police Station Sadar, Sri Ganganagar alleging inter alia that his nephew P.W.2 Asgar All had gone in the morning at about 10 a.m. along with his four she -goats and in the jungle 3 persons were there. At about 4 p.m., P.W.2 Asgar All came to his house in nervous condition. On enquiry by P.W.1 Falaksher, he told to his mother P.W.3 Rahmat that three young persons gave him Laddu to eat and after eating them, he had gone to state of unconsciousness and out of the three parsons two committed sexual assault on his person and they also took his she -goats. He further told that after hearing his cry, P.W. 10 Manukhan and P.W. 8 Budhram also came there and thereafter all the three persons were caught. P.W.1 Falaksher went to the spot where three persons were caught and they told their names as accused appellants and one Anop Singh another accused. 3) After usual investigation, police filed challan against the accused appellants and one Anop Singh for offence Under Sections 328, 379 and 377/341.P.C.in the court of Magistrate from where the case was committed to the court of Session and, thereafter, it was transferred to the Court of Additional Sessions Judge No. 2, Sri Ganganagar.
(3.) ON 21.5.1988, the learned Additional Sessions Judge No. 2, Sri Ganganagar framed charges for offence Under Sections 328, 379 and 377 I.P.C. against the accused appellants and for offence Under Sections 328, 379 and 377/34 I.P.C. against one Anop Singh who pleaded not guilty and claimed trial.;