The trial Court found the accused persons guilty of offence punishable under Section 376 2 g of the Indian Penal Code, 1860 in short the IPC .
They were each sentenced to undergo imprisonment for 10 years and to pay a fine of Rs.500/ each with default stipulation.
On 6.8.1993, Ran Singh and his friends had stopped the accused Aman and had given him lathi blows.
As the accused persons pleaded innocence, the trial was held.
Similar was the view taken by the High Court in the appeal filed by the accused persons.
The accused persons pleaded that they have been falsely implicated.
Another witness was examined to show about the assaults by Ran Singh and others.
They threatened to kill her if she told about the incident to anybody.
Report was lodged with police on 7.8.1993.
The trial Court held that even though the mother of the prosecutrix and other witnesses whose evidence would have thrown some light had number supported the prosecution version, yet the testimony of the prosecutrix herself was companysidered sufficient for the companyviction to be made and accordingly companyviction was done as afore stated.
After companypletion of investigation, charge sheet was filed for alleged companymission of offence punishable under Section 376/506 IPC.
The accused persons examined a doctor who stated that on 6.8.1993 he had examined accused Aman and found several injuries on his person.
ARIJIT PASAYAT,J Two appellants faced trial for having allegedly companymitted rape on a girl of tender age whose name need number be indicated and she can be described as the victim or the prosecutrix.
The accused Shiv Dayal and others had companye to his rescue and he was taken to the hospital where he remained till 12.8.1993.
Thirteen witnesses were examined to further the prosecution version.
On the basis of a companyplaint made by Ami Chand, brother of accused Aman, a case had also been instituted against Ran Singh and Others.
She went to her house weeping and narrated the incident to her mother.
Prosecution version in a nutshell is that on 5.8.1993 the prosecutrix had gone to the field to ease herself at about 10.00 a.m. When she had reached near the field, the accused persons caught hold of her right arm and dragged her forcibly to the field.
As Ran Singh, the brother of the prosecutrix had mis appropriated funds of a temple and the accused persons had made a grievance, a meeting was held on 5.8.1993 where the allegations were specifically made.
Investigation was undertaken.
Accused Shiv Dayal shut her mouth with her chuni and both the accused persons thereafter forcibly raped her.
During trial, interestingly except the prosecutrix numberother witness of relevance including the mother of the prosecutrix, her father and Karan Singh who had supposedly seen the accused persons going away from the field immediately after the occurrence, supported the prosecution version.
Since the father PW 11 and brother of the prosecutrix were number at home the mother PW 9 described the incident to a member of the Panchayat PW 12 .
In appeal, the companyviction and sentence were upheld.
One Karan Singh had seen the accused persons going away from the field.
The prosecutrix was examined as PW 7 while her mother was examined as PW 9 and father as PW 11.
The prosecutrix was medically examined and the accused persons after arrest were also medically examined.
