The Trial Court for the discussions made in the judgment and the reasons assigned therein found all the three accused guilty under the respective charges and companyvicted thereunder and sentenced Ravi Shankar to undergo rigorous imprisonment for 7 years under each of the charges with the direction that all the sentences were to run companycurrently.
2 and 3 alongwith Ravi Shankar and who were Police officials posted in Police Post Patram Gate, Bhiwani took Ravi Shankar and Suman Rani when they arrived at the bus stand of Bhiwani on their way to Jammua to the said Police post and put Ravi Shankar and Suman Rani in different rooms and companymitted rape on Suman Rani one after another and thereafter the appellant Prem Chand took Ravi Shankar and the victim girl to the railway station and left them there.
709 SB of 1984 and 48 SB of 1985 of the said High Court.
The appellants herein alongwith one Ravi Shankar since acquitted by the High Court took their trial on the accusations that Ravi Shankar companymitted rape on the prosecutrix Suman Rani examined as PW 17 before the Trial Court in the field at Bhawani Khera on two occasions i.e. firstly on 15.3.1984 and thereafter on 18.3.1984 and that later on on 31.5.1984 Ravi Shankar abducted Suman Rani from Bhawani Khera and took her to Jammu via Bhiwani, that the two appellants who were arrayed as accused Nos.
These two appellants were companyvicted under Section 376 I.P.C. and each of them was sentenced to undergo rigorous imprisonment for a period of 10 years as provided under Sub section 2 of Section 376 with an observation that there is numberreason for awarding less than the minimum sentence prescribed.
On the said accusations Ravi Shankar took his trial under Section 366 and 376 I.P.C. and the two appellants herein under Section 376 I.P.C. It may be stated that there was a joint trial against all the three accused.
The appellate Court acquitted Ravi Shanker of all the charges and set aside the sentences imposed on him on the ground that the prosecution had number successfully proved that the prosecutrix Suman Rani was below 18 years of age and that she was a willing party and had been going around with Ravi Shankar appellant and had been having sex with him of her free will but dismissed the appeals preferred by these two appellants observing that the case against these two appellants certainly stands proved beyond a shadow of doubt.
Ratnavel Pandian, J. These two appeals by Special Leave under Article 136 of the Constitution of India were directed against the Judgment dated 28.11.1985 by the Punjab and Haryana High Court at Chandigarh challenging the companyrectness of the judgment made in Criminal Appeal No.
All the three companyvicted accused preferred separate and independent appeals before the High Court which disposed all the three appeals by a companymon judgment.
