II, Faridabad, after appreciating the materials on record, acquitted the accused by its judgment and order dated 29.03.2003.
The accused and the victim are companysins.
Thus the mafinama given by the accused was on account of giving slap to the victim and number in respect of companymitting any other offence.
She further made the victim companysume some liquid, which resulted in loss of companysciousness of the victim.
However, the accused Sham Singh, appellant herein, is serving the remainder of his sentence.
The Additional Sessions Judge Ad hoc , Fast Track Court No.
As mentioned supra, the accused Jai Singh has served out the sentence imposed upon him and hence this appeal is only by the accused Sham Singh, who is still serving the remainder of his sentence.
653 dated 25.08.2001.
The High Court remitted the matter back to the Trial Court for fresh companysideration.
In the statement recorded under Section 313 of the Code of Criminal Procedure, the first accused, Jai Singh denied all the allegations made against him and his brother, Sham Singh, the appellant herein.
The case of the prosecution in brief is that on the night of 22.08.2001, the minor victim girl PW7 , who was staying in the house of her paternal uncle Om Prakash and Aunt Laxmi PW10 , stepped out of the house to urinate, then she was approached by the two accused, namely Jai Singh and Sham Singh.
Thereafter, the victim preferred an appeal before the High Court, which came to be allowed, and set aside the judgment of acquittal passed by the Trial Court.
Both of the accused are brothers inter se.
The Trial Court on re consideration of the materials on record, companyvicted the accused by its judgment dated 4.6.2011.
Investigation was made and charge sheet came to be filed in the Sessions Court, Faridabad.
The accused forcibly took the victim into their house and tied her hands on a company with rope and companymitted rape on her.
On the next day, at about 500 a.m., the milkman Mahavir number examined by the Trial Court informed the Aunt PW10 of the victim about the victim lying unconscious in front of a neighbouring house.
Based on the aforesaid allegations, the first information came to be lodged, which was registered in City Police Station at Palwal, Faridabad District, Haryana in FIR No.
The Additional Sessions Court framed charges against both the accused, namely Jai Singh and Sham Singh, for the offences punishable under Sections 376 2 g , 342 and 506 of the Indian Penal Code, and against the mother of the accused, namely Memwati, under Sections 342 and 506 of the IPC.
The mother of the accused, having learnt about the incident, told the victim to forget about the incident and threatened to wipe out her family in case she disclosed about the incident to anybody.
Against this companyviction, the accused preferred appeal before the High Court, and the High Court while companyfirming the judgment of companyviction against the accused Jai Singh and Sham Singh, has acquitted the accused mother Memwati from the charges levelled against her.
MOHAN M. SHANTANAGOUDAR, J. This appeal arises out of the judgment and order dated 17.07.2015 passed by the High Court of Punjab and Haryana at Chandigarh in CRA S 1648 SB of 2011, whereby the High Court dismissed the appeal filed by the companyvicted accused, namely Jai Singh and Sham Singh.
Since the first accused Jai Singh has undergone the sentence imposed upon him by the Courts below, he is stated to have been released.
