Chatra Ram Jat, J. - (1.) This appeal is directed against the judgment and order dated 21.5.2003 passed by the Special Additional District & Sessions Judge (M. U. & Dahej Cases) Sri Gangangar, whereby he convicted and sentenced accused appellants Ram Chandra @ Makiya and Om Prakash under Section 376(2)(g) Indian Penal Code and sentenced for 10 years rigorous imprisonment and fine of Rs. 5000/- each and in default of payment of fine to further undergo for a period of two months' rigorous imprisonment. He further ordered for offence under Section 306 IPC sentenced for 3 years each accused appellants and a fine of Rs. 1000/- and in default of payment of fine to undergo for one months' additional rigorous imprisonment. Both sentences are ordered to run concurrently.
(2.) The prosecution story is woven like this:- (i) On 18.5.2000 complainant Harjinder Singh and his wife along with his three daughters viz. Lali, Nirmaljeet and Sohanjeet Kaur was in village Mohala and were sleeping in courtyard of the house. At 11 P.M. when Nirmaljeet awake and did not find her elder sister Lali on bed, then she informed his father Harjinder Singh. He searched his daughter Lali inside and outside the house then behind the house search in well (Kui) but did not find. When he reached backside of the house and found foot-prints which was going in the boundary of Niburai Sikh and heard whispering slow voice of Om Suthar that Harjinder is coming and on reaching Harjinder Singh, father of the deceased Lali, accused ran away from other side and deceased Lali also ran away towards her house. On asking Lali, she said that she went for toilet then Mekia and Om Suthar raped (Khota Kam) with her. In the morning he called his friend Girdhari that sent his wife because he wants to s'end his daughter Lali to her Nanilal. This was hearing Lali. At about 2 P.M. Lali has consumed spray, he was sleeping in other room. His wife and other daughters were sleeping in other room and when Lali started vomiting then on asking she said that she consumed spray. Upon knowing this fact, by tractor of Pradhan Singh he reached to Satiya and from Stalya he took taxi and reached Gharsana and admitted her daughter Lali in hospital of Dr. Bhadu where she was treated. Lali consumed spray due to shame and because of Mekiya and Om Suthar have committed rape on her. (ii) On 19.5.2000 parcha bayan (statement) of Harjinder was recorded by Shri Mahadev Singh, A.S.I. P.S. Gharsana and on the basis of this parcha bayan, F.I.R. No. 201/2000 was lodged under Sections 376 and 306 IPC and investigation was started. During investigation, usual memos were prepared and accused appellants were arrested. (iii) After investigation, challan against accused appellants was filed before the Judicial Magistrate, Gharsana, who committed this case for trial to the court of Addl. Sessions Judge, Anupgarh and who sent the matter to the Sessions Judge, Sri Gangangar, who transferred this case for trial to the Court of Special Additional District & Sessions Judge (M.U. & Dahej cases), Sri Gangangar. (iv) After framing charges for offences under Section 376(2)(g) and 306 IPC and charges were read over and after hearing on charges, accused appellants pleaded not guilty and claimed for trial. (v) Prosecution has produced 17 witnesses viz. P.W.I Girdhari, P.W.2 Pradhan Singh, P.W.3 Swaraj Singh, P.W.4 Angrej Singh, P.W.5, Harjinder Singh @ Jogendra Singh, P.W.6 Banwari Lal, P.W.7 Pooran Mal, P.W.8 Dr. Angat Dev Chorad, P.W.9 Janak Singh, P.W.10 Pratap Singh, P.W.11 Dr.Hans Raj Bhadu, P.W. 12 Gurudev Singh, P.W.13 Mukund Singh, P.W.14 Basantkaur, P.W.15 Nirma, P.W.16 Babu Lal, & P.W.17 Mahadeo Singh and exhibited Ex.P1 to Ex.P27 documents. Thereafter statement under Section 313 Cr.P.C. was recorded in which accused appellants stated that they have been falsely implicated due to enmity in a false case. No defence witness was produced in support of their case. After hearing the counsel for the parties, learned Special Additional District & Sessions Judge (M.U. & Dahej Cases) Sri Gangangar, has convicted and sentenced as mentioned hereinabove. Hence, this appeal.
(3.) Heard the learned counsel for the appellants and the learned Public Prosecutor and perused the record of the case.;