Document Fragment View

Matching Fragments

Challenge in this appeal is to the judgment of conviction dated 01.04.1992 and the order of sentence dated 03.04.1992 passed by the learned Additional Sessions Judge, Sonepat, whereby appellant No.1-Basti Ram and appellant No.2- Satish Parkash were held guilty for the commission of offences punishable under Sections 376(2)(g), 366, 342 and 506, IPC, and ordered to undergo the following sentences:-

PW-6:- Kanwar Singh, Statistical Assistant, Civil Hospital, Sonepat, deposed that the date of birth of Asha Kumari daughter of Sham Singh, resident of village Farmana was 10.06.1974.

PW-7:- ASI Sube Singh deposed that on 12.03.1990, he Criminal Appeal No.162-SB-1992 (O&M) ..8..

received a complaint of Sardara Singh sent by ASI Mehar Singh, on the basis of which, he recorded formal FIR (Ex.PG). He also deposed that he sent the special report to the learned Area Judicial Magistrate and the Superintendent of Police, Sonepat, through Constable Surinder Singh.

PW-22:- ASI Jai Dev Singh deposed that on 19.03.1990, the investigation of the case was handed over to him. On 03.04.1990, he went to Madipur at the house of the prosecutrix where Dharam Singh, her maternal grand-father, and Ram Singh resident of Panth Nagar were joined and their statements were recorded. On 06.04.1990, he again went to Madipur where Sham Singh and the prosecutrix were present. Their statements in terms of Section 161 Cr.P.C were recorded. On 07.04.1990 he got the prosecutrix medico-legally examined at Civil Hospital, Sonepat. Lady Constable Jagwanti handed over to him two sealed parcels containing swabs, salwar and underwear of the prosecutrix and one parcel containing some papers and medico-legal report. On 07.04.1990, he produced the prosecutrix before the learned Judicial Magistrate Ist Class, Sonepat, who recorded her statement (Ex.PW20/A).

PW-23:- ASI Satvir Singh deposed that the investigation of the case was handed over to him on 09.04.1990. On 11.04.1990, he obtained the copy of statement of the prosecutrix recorded under Section 164, Cr.P.C. On 17.04.1990, he joined the prosecutrix in the investigation and took her to Veterinary Hospital, Bhainswal. She demarcated the place where Criminal Appeal No.162-SB-1992 (O&M) ..13.. she was confined and raped. He prepared the site plan (Ex.PW23/A) of the place of occurrence on the demarcation of the prosecutrix. The prosecutrix took him to the house of Satish Kumar and on her demarcation, site plan (Ex.PW23/B) of the room of the house was prepared. The cotton mattress (gadella) was taken into possession vide recovery memo (Ex.PY). On 22.04.1990, he arrested accused Basti Ram, who suffered his disclosure statement (Ex.PV) that he had kept concealed a scooter in his house and could get the same recovered. In pursuance of the said disclosure statement, Basti Ram got recovered scooter bearing No.DBJ-7560 which was taken into possession vide memo (Ex.PW). The site plan (Ex.PW23/C) of the place of recovery of the scooter was prepared. He arrested appellant Satish Kumar on 05.05.1990 and got him medico- legally examined from Civil Hospital, Sonepat. The Medical Officer handed over one parcel containing underwear of the appellant which was taken into possession vide memo (Ex.PC). On 07.05.1990, the police remand of accused Satish Kumar was obtained, and taken to Veterinary Hospital, Bhainswal, and to his house at village Farmana. The demarcation memos (Ex.PW23/D and Ex.PW23/E) were prepared. He prepared the charge-sheet (report under Section 173, Cr.P.C.) and handed over the same to Inspector Chanan Singh for presentation in the Court. Before that, he obtained the birth certificate (Ex.PF) from the Health Officer, Sonepat, and the school leaving certificate (Ex.PD) from the Head Master, Govt. High School, Bhainswal. Criminal Appeal No.162-SB-1992 (O&M) ..14..