Sangeet Lodha, J. - (1.) These appeals are directed against judgment and order dated 23.3.09 passed by Additional Sessions Judge (Fast Track) No.1, Jodhpur, in Session Case No. 89/07, whereby the appellants were convicted and sentenced as under :- Under Section 363 IPC To suffer five years rigorous imprisonment with a fine of Rs.1,000/-; in default of payment of fine to further undergo three months simple imprisonment. Under Section 366 IPC To suffer seven years rigorous imprisonment with a fine of Rs.5,000/-; in default of payment of fine to further undergo three months simple imprisonment. Under Section 376(2)(g) IPC Life Imprisonment with a fine of Rs.10,000/-; in default of payment of fine to further undergo six months simple imprisonment. The sentences were directed to be run concurrently.
(2.) The prosecution story in nutshell may be summarized thus : On 26.3.07 at 5 PM, the complainant Sohan Lal (P.W.2) submitted a written report (Ex.P/1) to the SHO, Police Station, Basni, Jodhpur stating that on 25.3.07, his daughter and wife were sleeping at home in the night. He had gone to Pipar and was not at home. Around 1 A.M., complainant's daughter, the prosecutrix "S" (the name is concealed by us) came out for using toilet, on opening the door, four boys were standing outside. On seeing them, the prosecutrix got frightened and when she was about to close the door, those boys flicked and caught hold of her while placing a cloth over her mouth and was taken to a room in nearby factory. One of the boys namely Bhanwar committed rape on her, three others namely, Shri Ram, Babu and one another who could not be identified were standing nearby at home. When complainant's wife woke up, switched on light, saw the gate open and the prosecutrix was not found on the bed, on this she rushed to nearby neighbour Mahesh. Both Mahesh and complainant's wife conducted search for prosecutrix, then they saw two boys standing outside. On seeing complainant's wife and Mahesh, both the boys went inside the room, on being chased they bolted the door. The door was opened by them, there were four boys inside the room, who pushed Mahesh and fled away. When they went inside the room, they saw the prosecutrix in unconscious state and carpet and blanket were placed over her. Seeing the prosecutrix, it was revealed that the rape was committed on her. In unconscious state, the prosecutrix was taken to home. After two hours on regaining the consciousness, she narrated the incident. Mahesh and complainant's wife went to the factory owner Shri Khiv Raj and Shri Ramesh and apprised them about the incident. They started rebuking and said that the boys working in the factory are not like that. They said to the complainant's wife that she is telling lie. The complainant's wife while weeping humbly said that the incident has occurred. In the meantime, the persons living nearby assembled there. The owner of the factory abused and thrown stones over them and said do whatever you want. In the next day morning, when the complainant reached home, he went to meet the factory's owner but they had already fled away. On the other side, prosecutrix plunged into a water tank constructed at home. The son of the complainant who was standing nearby informed the complainant about the same, who took out her from the water tank and since she had fell unconscious, was taken to the hospital.
(3.) On the basis of the written report (Ex.P/1) the police registered the FIR No.99 dated 26.3.07 (Ex.P/2) at 1 AM against the accused Bhanwar Lal and four others for offence under Section 365, 376 IPC and the investigation commenced.;