JUDGMENT

Jitendra Chauhan, J.—The present appeal was filed against the judgment/order dated 2.12.2009, whereby the learned Additional Sessions Judge, Bathinda, convicted and sentenced the appellants Amit alias Monu and Golu alias Deepak, under Section 376(2)(g) of the Indian Penal Code for a period of ten years and to pay a fine of Rs.2,000 each; in default of payment of fine, to further undergo RI for three months, and for a period of six months under Section 506 read with Section 34 of the Indian Penal Code.

2. In brief, the case of the prosecution is that on 23.3.2007, ASI Harinder Singh was present in P.S. Kotwali, Bhatinda, where complainant Dolly Chauhan, daughter of Yograj Chauhan, resident of Bathinda got recorded her statement to the effect that she is aged about 11 years. She is resident of Mall Godown Road, Bathinda and studying in 6th class. Her parents are doing the work of ironing clothes at Kamla Nehru Colony and remains out of house during the day time. On 8.3.2007, at about 5.30/6.00 p.m. when she alongwith her brother Karan aged about 8-9 years, were present at their house and were watching T.V., then Amit @ Monu s/o Uttam Chand, Golu son of Nanak Chand, Vicky son of Ashok Kumar @ Popal and Aman son of Mohan Lal @ Babli, residents of their locality entered their room. She asked the reason for their arrival. They gave some balls to her younger brother Karan and asked him to play outside in the street and he went outside. Vicky, aged about 16 years, put his hand on her mouth from the backside. Golu, aged about 20 years and Aman, aged about 12-13 years, caught hold of her arms and legs. They took her on the bed. Amit @ Monu, aged about 24 years, locked the hook of the door from inside. They started teasing her. She tried to raise the noise, but they gagged her mouth. Vicky and Aman committed rape on her and thereafter all the accused fled from the spot. While going they threatened her to be killed in case she narrates the incident to any person. She did not disclosed anything for 4-5 days. But disclose ultimately to her mother, who took her to Civil Hospital, Bhatinda, where a lady doctor Swapanjit Kaur checked her and gave medicines. Ultimately, the matter was reported to the police.

3. She after admitting the statement to be correct, signed the same. On the basis of her statement, FIR was registered against the accused appellants including two others. After completion of investigation, challan was presented against the accused-appellants. They were charged with Sections 376/34 of the Indian Penal Code to which they pleaded not guilty and claimed trial. Charge was subsequently corrected to Section 376(2)(g) of the Code. Vicky and Aman, being juveniles were tried separately by the Juvenile Justice Board, Bhatinda.

4. In order to prove its case, the prosecution examined, PW1 Dr. Gurpal Singh, PW2 Dauli Chauhan, prosecutrix, PW3 Meenu Chauhan, mother of the prosecutrix, PW4, Yograj Chauhan, father of the prosecutrix and PW5, Head constable Sukhdev Singh and closed its case.

5. In their statements recorded under Section 313 of the Code, the appellants pleaded false implication. In defence, DW1 Mathra Dass was examined.

6. After going through the evidence and hearing the counsel for the parties, the learned Additional Sessions Judge (Fast Track Court), Bhatinda convicted and sentenced the accused appellants indicated in para No.1.

7. Aggrieved against the judgment of conviction and sentence, the appellants preferred the present appeal which was admitted by this court on 4.2.2010, and recovery of fine was stayed during the pendency of this appeal.

8. During the pendency of this appeal, the appellants filed Cr. Misc. No. 13875 of 2011, under Section 320 of the Code of Criminal Procedure for compounding the offence and acquitting the appellants on the basis of compromise arrived at between the parties, which was dismissed on 13.7.2011, by this Court.

9. Learned counsel for the appellants submits that allegation of r