KANWALJIT SINGH AHLUWALIA,J. - (1.) Kalulal s/o Ram Narayan, Smt. Tina w/o Omprakash and Omprakash s/o Lal Chand were tried by the Court of Sessions Judge, Jhalawar in Sessions Case No. 111/12. The said court vide impugned judgment dated 18.9.2014 held accused Kalulal guilty of offences under Sections 342 and 376 IPC, whereas Tina was held guilty of offences under Sections 342/109 and 376/109 IPC and Omprakash was held guilty of offence under Section 376/109 IPC. Having convicted the accused-appellants for the above said offences, the trial court vide a separate order of even date, sentenced them as under:- Accused - Kalulal "U/s. 342 IPC: One year simple imprisonment. U/s. 376 IPC: Ten years rigorous imprisonment, to pay a fine of Rs. 20,000/- and in default thereof to undergo two months additional simple imprisonment." Accused - Smt. Tina "U/s. 342/109 IPC: Six months simple imprisonment. U/s. 376/109 IPC: Seven years rigorous imprisonment, to pay a fine of Rs. 10,000/- and in default thereof to undergo one month additional simple imprisonment." Accused - Omprakash "U/s. 376/109 IPC: Seven years rigorous imprisonment, to pay a fine of Rs. 10,000/- and in default thereof to undergo one month additional simple imprisonment." (All the sentences were ordered to run concurrently).
(2.) Aggrieved against their conviction and sentence, Kalulal has filed an appeal through Jail bearing S.B. Criminal (Jail) Appeal No. 1121/14. Tina and Omprakash preferred S.B. Criminal Appeal No. 961/14. Since in both the appeals same impugned judgment has been assailed, both the appeals shall be decided together.
(3.) Prosecutrix (name withheld to protect her identity) on 7.8.2012 submitted a written report (Ex.P.3) before Jugraj Singh Hada (PW.10) who was then posted as SHO, Police Station Sarola.;