other connected cases -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-622-2024 (O&M)

RESERVED ON:- 22nd January 2025 PRONOUNCED ON: 14th February 2025 RINKU .….APPELLANT vs.

STATE OF HARYANA .......RESPONDENT CRA-D-1306-2023 (O&M)

RESERVED ON:- 27th January 2025 PRONOUNCED ON:- 14th February 2025 NEERAJ ...APPELLANT vs.

STATE OF HARYANA ...RESPONDENT CRA-D-778-2024 (O&M)

RESERVED ON:- 27th January 2025 PRONOUNCED ON:- 14th February 2025 RAJU ...APPELLANT vs.

STATE OF HARYANA ….RESPONDENT CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Soeb Khan, Advocate, for the appellant (in CRA-D-622-2024).

Mr. Vishal Sharda, Advocate, for the appellant (in CRA-D-1306-2023) and for the complainant in CRA-D-778-2024).

Mr. Ritesh Tomar, Advocate, for the appellant (in CRA-D-778-2024) and for the complainant (in CRA-D-1306-2023).

Mr. Vikrant Pamboo, Sr. D.A.G., Haryana.

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HARPREET KAUR JEEWAN, J.

1. The present appeals have been filed by the appellants-accused assailing the judgment of conviction dated 14.09.2023 and order of sentence dated 18.09.2023, passed by the Additional Sessions Judge, Faridabad, in FIR No.471 dated 24.12.2021, under Sections 376-D, 365, 506 IPC, registered at Police Station Saran, Faridabad, whereby, the appellants have been convicted under Sections 365, 376-D and 506 read with Section 34 IPC. However, the appellants have been sentenced as under:-

Appellant-Raju Appellants Rinku and Neeraj

1.1 The appellants-Rinku and Neeraj have not been sentenced under Section 365 IPC, despite the fact that their conviction order has been recorded under Section 365 IPC as well.

2. Since all the three appeals bearing Nos.CRA-D-622-2024, CRA-D-1306-2023 and CRA-D-778-2024, are arising out of the same FIR, as such, these cases are taken up together and being disposed of by a common judgment.

3. As per the prosecution version, on 22.12.2021, at about 6:00 PM, the prosecutrix “XX”, while travelling from District Palwal to Ballabgarh, District Faridabad, in an auto-rickshaw, met the appellant- Raju, who forcibly took the prosecutrix to his room at Village Saran. Appellants-Rinku and Neeraj were already present in the said room. All the appellants committed rape upon the prosecutrix turn by turn and thereafter, the prosecutrix was allowed to leave. However, she was threatened to be killed in case the said facts were disclosed to anyone. The prosecutrix went to Police Station, Saran, Faridabad, where her statement was recorded by a Legal Aid Counsel and FIR was got registered.

3.1 The prosecutrix was got medico-legally examined from B.K. Hospital, Faridabad. The samples of the prosecutrix were taken and sealed by the Medical Officer. Statement of the prosecutrix was also got recorded under Section 164 Cr.P.C. The appellants were arrested during the investigation. Their medico-legal examination was also conducted and their samples taken during their examination were also sealed and sent for chemical examination to the Regional Forensic Science Laboratory, Bhondsi, Gurugram. Upon completion of investigation, final report/challan under Section 173 Cr.P.C. was presented before the Area Magistrate.

3.2 The Area Magistrate supplied to the appellants, copies of the challan and other connected documents and thereafter committed the case to the Court of Sessions.

3.3 The trial Court framed charges against the appellants, finding a prima facie case under Sections 365, 376-D and 506 IPC. All the appellants pleaded not guilty and claimed trial.

3.4 The prosecution in order to substantiate its case, examined as many as 16 prosecution witnesses i.e. PW1 Sarwan Kumar, Draftsman, PW-2 Constable Manoj Kumar, PW-3 Ms. Ranjeeta Patel, Legal Aid Counsel, PW-4 the prosecutrix herself, PW-5 EHC Rajesh Kumar, Malkhana Mohari, PW-6 Constable Arvind, PW-7 Constable Rakesh, PW-8 Lady ASI Jagwati, PW-9 one Cheti Lal, PW-10 Ms. Manisha, Senior Scientific Officer, PW-11 Inspector Rajesh Kumar, PW-12 M