Criminal Revision No. 2543 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Criminal Revision No. 2543 of 2003. Date of Decision : 20.4.2011. Khursheed ...... Petitioner Versus State of Haryana ...... Respondent (2) Criminal Revision No. 2544 of 2003. Date of Decision : 20.4.2011. Tenta alias Arastu ...... Petitioner Versus State of Haryana ...... Respondent (3) Criminal Revision No. 2545 of 2003. Date of Decision : 20.4.2011. Azam ...... Petitioner Versus State of Haryana ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Rajbir Sehrawat, Advocate, for the petitioner. Mr. Satyavir Yadav, DAG, Haryana, for the respondent-State. NAWAB SINGH J.(ORAL) These revisions are directed against the judgment dated December 3rd, 2003 passed by Additional Sessions Judge, Gurgaon affirming the judgment of conviction dated September 16th, 2002 and order of sentence dated September 17th, 2002 of Judicial Magistrate First Class, Nuh, whereby, petitioners were convicted under section 377 of Indian Penal Code and Khurshid and Azam- petitioners were sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1000/- with default stipulation and Tenta alias Arastu-petitioner was sentenced to Criminal Revision No. 2543 of 2003 2 undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2000/- with default stipulation. 2. This case unfolds story of a 13 years old hapless boy who shall hereinafter be referred to as the victim (PW-3). On October 15th, 1999 at about 7 p.m, the victim had gone to kabristan (Burial ground) to answer the call of nature. The petitioners along with one Jaikam (non-petitioner) followed him. They took him behind the burial ground. They untied the string of his pajama. Azam and Jaikam caught hold of him and Tenta alias Arastu-petitioner committed carnal intercourse with him against the order of nature. Khursheed-petitioner threatened him with dire consequences at the knife point in case he raised alarm. After the incident, the victim came to his uncle and narrated the occurrence to him. The petitioners were known to the victim because they were working at the shop of Iqbal situated in front of shop of Hari Oam. Hari Om moved application (Exhibit PW-2/A) to the Police, on the basis of which FIR (Exhibit PW-1/A) was registered against the petitioners in Police Station Tauru. The petitioners were arrested on October 20, 1999. Jaikam accused could not be arrested. 3. On completion of investigation, petitioners were charged for offences punishable under Section 377 of Indian Penal Code and as they pleaded not guilty, they were brought to trial. 4. Prosecution in support of their case examined Prabhu Dyal (PW-1), Hari Om (PW-2), Vijay Kumar (PW-3), M.S. Rayat (PW-4), Krishan Kant (PW-5) and Amarnath (PW-6). 5. In the statement recorded under Section 313 of Code of Criminal Procedure, the accused denied their complicity with the offence in question and pleaded innocence. 6. Counsel heard. 7. In this case, there is unscathed testimony of the victim (PW-3) who deposed that on the fateful day, he went to the burial ground for answering the call of nature. The petitioners along with one Jaikam followed him. Azam and Khursheed caught hold of him and Tenta alias Arastu untied the string of his pajama and Criminal Revision No. 2543 of 2003 3 committed carnal intercourse with him. Jaikam was standing while holding knife in his hand and threatened the victim with dire consequences. The statement of victim is further corroborated by the medical evidence rendered by Dr. M.S. Ranga (PW-4) who medico- legally examined the victim and found local tenderness around his orifice. The Doctor also opined that there was a forcible introduction of some firm and flexible object in the anus within a duration of about one week. The statement of victim coupled with the medical evidence fully proved the case of the prosecution that Tenta alias Arastu committed carnal intercourse with the victim. Khurshid and Azam- petitioners shared the common intention in getting the carnal intercourse done by Tenta alias Arastu with the victim. They had actively participated in the occurrence in getting the same done. It was very much with their active participation that Tenta alias Arastu committed carnal intercourse with the child. So, they are also equally guilty of the offence as Tenta alias Arastu is. It would not be out of place to mention here that children are the greatest gift to humanity. The sexual abuse of a child is one of the most heinous crimes. It is always desirous that the children should live happily, free from abuse and exploitation. Here in the case in hand, the petitioners committed a brutal act for which they should never be pardoned. 8. In view of what has been stated above, the impugned judgments do not suffer from any infirmity and are, therefore, upheld. Resultantly, the revision being devoid of merit is dismissed. 9. The petitioner was released on bail by this Court during the pendency of the revision. His bail/surety bonds are cancelled. He be arrested and sent to jail to undergo the remaining part of sentence. Learned Chief Judicial Magistrate, Gurgaon is directed to comply with this order forthwith under intimation to this Court. 20.4.2011 (NAWAB SINGH) SN JUDGE