AJMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Ajmer Singh and Jai Prakash alias Neena were convicted by the Additional Sessions Judge, Hissar vide his order dated August 26, 1985 under section 376 read with section 34, Indian Penal Code, and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 500/- each; in default of payment of fine, they were ordered to further undergo rigorous imprisonment for six months.

(2.) The occurrence took place on January 15, 1985 at about noon time. The prosecutrix Saroj Bala, wife of Umed Singh, had gone along with husbands younger brother Rajesh aged about 11/12 years to the fields of one Lakhi Jat for cutting grass. While she was in the process of cutting the grass, the appellants appeared there and covered her with a khes (sheet) while Ajmer Singh accused held the prosecutrix and gagged her mouth with the sheet, Neena accused committed rape on her. Thereafter, in the same process, the other accused committed rape on her. Rajesh P.W. 1 who tried to intervene, was threatened. He kept aside. The prosecutrix continued raising alarm which attracted Roshan P.W. On seeing him, both the accused ran away from the spot. Saroj Bala, Rajesh and Roshan returned to the house. Rajesh returned in the evening, as Umed Singh was not available. In the morning, Umed Singh also came. Next day, she was medically examined. Police came to the hospital and recorded the statement of the prosecutrix on the basis of which the case was registered vide F.I.R. No. 18 dated January 16, 1985 at Police Station, Narnaul.

(3.) The police visited the spot, inspected the same and took into possession broken bangle pieces. The spot was got photographed. The two accused were arrested and their clothes were taken into possession such as underwears. Statements of Rajesh and Roshan P.Ws. were recorded and after completion of the investigation, the appellants were put up for trial.