IMPORTANT POINT
Sentence bargaining is impermissible in a serious offence like rape.

ORDER

(Smt.) Ranjana Prakash Desai, J.:-Leave granted.

2. In these appeals by special leave the State of Haryana has challenged the judgment and order dated 2/8/2010 passed by the High Court of Punjab & Haryana maintaining the conviction of respondent Joginder Singh (original accused 1) under Sections 376 and 506 of the Indian Penal Code (for short, ‘the IPC’) and conviction of respondent Janak Singh (original accused 2) under Sections 376 read with Section 511 and Section 506 of the IPC and reducing their sentence for the said offences to the sentence already undergone by them.

3. According to the prosecution the prosecutrix lodged an FIR on 31/10/1998 at Police Post Jalmana stating that she was residing in the dera of Shekhupura along with her brother Gurpreet Singh and mother Joginder Kaur. On 27/10/1998 she, her mother Joginder Kaur and brother Gurpreet Singh were sleeping in the dera. At about 11.00 p.m. she got up for easing herself. After unbolting the room she went to the courtyard. She found that two men i.e. respondent Joginder Singh and respondent Janak Singh were standing near the boundary of the courtyard. One of them was having a khes and another was having a piece of cloth on his head. They lifted her and threatened to kill her in case she raised cries. They took her to a field of maize where respondent Joginder Singh raped her. Respondent Janak Singh also tried to catch hold of her to rape her, but, since she cried for help her mother Joginder Kaur came there and on seeing her both the accused fled away towards the fields. On the basis of this FIR, offences under Sections 376/506/511 of the IPC were registered against both the respondents. Investigation commenced. On completion of investigation, respondent Joginder Singh was charged under Sections 376 and 506 of the IPC while respondent Janak Singh was charged under Sections 376, 511 and 506 of the IPC.

4. Both the respondents pleaded not guilty to the charge and claimed to be tried. According to respondent Joginder Singh he had a love affair with the prosecutrix. However, he was married by his parents to a woman from their community and hence the prosecutrix and her mother were nursing a grudge against him. Therefore, he has been falsely implicated in this case. He also contended that he had advanced money to the mother of the prosecutrix. When he asked her to return the amount the prosecutrix and her mother were annoyed. This was also the reason why he was falsely implicated in this case. In support of his case he produced certain photographs showing the prosecutrix standing near him. Respondent Janak Singh stated that he had been falsely implicated in this case. The respondents examined DW-1 Kashmiri Lal and placed reliance on photographs Ex. DA and Ex. DB and negatives thereof being Ex. DC and Ex. DD. The prosecution, in support of its case, examined nine witnesses. The prosecution heavily relied on the evidence of PW-2 the prosecutrix. After considering the evidence on record learned Sessions Judge convicted respondent Joginder Singh for offence punishable under Section 376 of the IPC and sentenced him to undergo rigorous imprisonment for eight years and fine of Rs. 2,000/-, in default of payment of fine, to further undergo rigorous imprisonment for two months. He was also convicted under Section 506 of the IPC and sentenced to undergo rigorous imprisonment for one year. Respondent Janak Singh was convicted under Section 376 read with Section 511 of the IPC and sentenced to undergo rigorous imprisonment for four years and fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for one month. He was also convicted under Section 506 of the IPC and sentenced to undergo rigorous imprisonment of one year. The substantive sentences were ordered to run concurrently.

5. Both respondents filed appeals in the High Court. We are rather surprised at the manner in which the High Court disposed of the appeals. After narrating the gis