- (1.) This Criminal Appeal under 374 of the Code of Criminal Procedure is directed against the judgment dated 28.09.2001, passed by the learned Additional District & Sessions Judge, Hanumangarh, whereby he convicted and sentenced accused-appellants Mahaveer @ Krishan S/o. Budhram and Balveer S/o. Jaswant under Section 376 (2) (g), IPC, to ten years Rigorous Imprisonment and a fine of Rs.10,000/- each, in default of payment of fine, to further undergo 3 months' Rigorous Imprisonment; and under Section 447, IPC, one month's Rigorous Imprisonment. All the sentences were directed to run concurrently. Out of the amount of fine, a sum of Rs.10,000/- was directed to be paid to victim - Smt.Roshni W/o. Omprakash as compensation.
(2.) Brief facts, giving rise to the instant appeal, are that on 11.10.2000, at 8.00 P.M., Smt.Roshni W/o. Omprakash, by caste Jat, aged 25 years, R/o. Kharsadi lodged a verbal report with the Police Stationm Nohar, District Haunmangarh stating therein that prior to the two days of the occurrence, her husband had gone to bring Parani and had not still returned. Her brotherin- law ('devar') Mahendra Singh is looking after the field. On the day of the occurrence, she had gone to the field to serve food to her brother-in-law. He took the lunch and, thereafter, by leaving her in the field, her brother-in-law (Mahendra Singh) went to look after another field. The prosecutrix was sitting all alone in the hut ('Jhompari'), where Mahaveer who is also called by the name of Krishan S/o. Budhram Jat and Balveer S/o.Jaswant Jat, both residents of village Kharsadi, came to her.
(3.) Mahaveer cought-hold her hand and fropped her on the ground and he pulled out the 'nara' of her salvar, which ('nara') was cut and resulted into two pieces and, thereafter, opened the underwear and trouser and committed sexual intercourse with her against her wishes. While the prosecutrix started to raise hue and cry, he threatened to do her away. In the field, there was none to hear her hue and cry. After committing sexual intercourse, when he (Mahaveer) started to leave the place, in the meanwhile, Balveer (another accused) came to her. He also forced her and committed sexual intercourse with her against her wishes. When she (the prosecutrix) against started to raise hue and cry, the accused (Balveer) threatened her to kill and committed sexual intercourse with her. After committing the sexual intercourse, both the accused, i.e., Mahaveer and Balveer threatened her that in case of disclosing this incident to anyone, she would be done away by them. When the left the hut, after committing sexual intercourse with Smt.Roshni (the prosecutrix), her brother-in-law Mahendra Singh came to the field, she was found weeping by putting on her clothes properly.;