JAGAT SINGH,J. - (1.) BY this joint appeal Under Section 374(2) Cr.P.C. accused appellants Moolchand and Daulat Ram have challenged judgment of conviction and order of sentence dated 31.3.1998 delivered by learned Additional Sessions Judge No. 2, Hanumangarh. By the impugned judgment the learned Sessions Judge while convicting accused appellant Daulat Ram Under Section 376 I.P.C. and Moolchand Under Section 376 read with 109 I.P.C. awarded each of them seven years' rigorous imprisonment alongwith a fine of Rs. 1000/ - each. Both the accused appellants were simultaneously convicted for an offence Under Section 450 I.P.C. and each of them has been awarded three years' rigorous imprisonment alongwith a fine of Rs. 500/ -.
(2.) I have heard the learned Counsel for the appellants as also the learned Public Prosecutor at length and have perused the impugned judgment alongwith the record available on the file. To appreciate the rival submissions the brief resume of the facts is necessary. At 6.30 PM on 26.5.1996 at village Goluwala situated in Hanumangarh PW -2 Champa Devi, a damsel of about 14 - 16 years was raped in her own residential house by Daulat Ram with the assistance of Moolchand who pressed the mouth of the prosecutrix throughout when Daulat Ram ravished her. At that time prosecutrix's father PW -1 Gopiram as also mother PW -3 Kalawati were out in the field from where PW -3 Kalawati came at about 7.00 PM to whom Champa Devi narrated the occurrence. Subsequently PW -1 Gopiram also reached the house. He too was apprised by both, mother and daughter, resulting which PW -1 Gopiram immediately took Champa Devi to the hospital for treatment and lodged a written F.I.R. Ex.P/2 at 6.30 PM on 27.5.1996. Accused appellant Moolchand was put under arrest on 31.5.1996. Accused Daulat Ram also received 23 simple and blunt injuries upon his person for which he was also admitted in the hospital. He too was apprehended on 31.5.1996 vide Ex.P/6. After usual investigation only Daulat Ram was challaned for offence Under Section 376 I.P.C. After examination of PW -1 Gopiram, PW -2 Champa Devi and PW -3 Kalwati, Moolchand was summoned Under Section 319 Cr.P.C. for offence Under Sec'. 376 read with Sections 114 and 350 I.P.C. and trial proceeded afresh.
(3.) DURING trial prosecution examined eight witnesses and exhibited nine documents. Accused appellants in their statements under Section 313 Cr.P.C. denied all the incriminating evidence appearing against them, pleaded false implication and claimed acquittal. DW -1 Lalchand and DW -2 Thakar Ram have been examined in the defence. Thereafter the learned trial court after threadbare discussion of the evidence as also relevant law has convicted and sentenced the accused appellants as stated above.;