K.P.S.Sandhu, J. - (1.)Two appellants, namely Pawan Kumar and Daulat Ram stand convicted by the learned Additional Sessions Judge, Ambala, vide his order dated 26.5.1983. The appellants have been sentenced as under:
Pawan. Kumar U/s 376 read with section 511 I.P.C. R.I. for two years. U/s 366 I.P.C. R.I. for one year. Daulat Ram U/s 368 I.P.C. R.I. for one year.

(2.)The sentences of Pawan Kumar appellant were ordered to run concurrently. Pawan Kumar appellant has filed Cr1. Appeal No. 317-SB of 1983 against the afore said order while Daulat Ram appellant has filed Cr1. Appeal No. 329-SB of 1983. Both the appeals would be disposed of by the same order. Kumari Sunita prosecutrix PW 5 was living with her father Ved Parkash PW 8 and her brother Inderjit Pal. She did not know about her mother as to whether she was alive since her mother was living separately from her father for the last fourteen years. Her father Ved Parkash was employed as Motor Mechanic in the Haryana Roadways, Ambala while her brother was scooter mechanic. Kumari Usha sister of Pawan Kumar appellant was classfellow of Kumari Sunita and they were on visiting terms prior to the occurrence. On 13.7.1982 at about 8.00 A.M. both Inderjit Pal and Ved Parkash had gone to the ir respective jobs. The prosecutrix was as such alone in the house. Appellant Pawan Kumar came there and informed her that her father has met with an accident and was admitted in the. Civil Hospital, Ambala City. The prosecutrix accompanied Pawan Kumar appellant who instead of taking her to the hospital took her to the house of this co-accused Daulat Ram appellant. Daulat Ram left the house. Pawan Kumar appellant bolted the door of the room from inside. Pawan Kumar informed her that in fact her father has not met with an accident and that he would marry her and she would live with him. Pawan Kumar threatened the prosecutrix with a knife and committed rape upon her. The prosecutrix put up resistence and gave-some injuries to Pawan Kumar with her nails on his face and arms. At about 9/10.00 P.M. in the night. Daulat Ram appellant brought meals which the prosecutrix refused to take. The next morning, Daulat Ram appellant locked the door of the room from outside. On 14th July, 1982, the prosecutrix again requested Pawan Kumar appellant to take her to her father in the hospital, but he gave a Danda blow which hit her on her forehead. Later on Pawan Kumar appellant also bandaged the injury on the forehead of the prosecutrix. On the night of 14th July, 1984 Pawan Kumar appellant again committed rape upon the prosecutrix at the point of knife. The prosecutrix was kept in that house by Pawan Kumar upto 20th July, 1982 when her father accompanied -by the local Police came there and recovered her from that house. Daulat Ram appellant had earlier also informed Pawan Kumar appellant that the matter has already been reported to the Police and he should not come out. Pawan Kumar and Daulat Ram appellants were arrested by the Police on 20.7.1982. The formal first information Exhibit PD/I was recorded on the basis of the statement made by Ved Parkash on 14th July, 1982. The prosecutrix was medically examined by Dr. Abha Kulshreshtha, PW 1 on 21.7.1982. Following is the report of her medical examination: Injuries Lacerated wound of 1 x 1/3 over the forehead about 3 above the root of the nose. Scab formation was present. No other mark of violence was present on any other part of the body. Local Examination Public hair were shaved, axillary hair were present. External genitalia were fully developed. There was no mark of injuries or violence over the external genitalia and thighs. Labia majora were covering the vaginal opening. Colour of vagina was pink and healthy. Hymen was intact. There were no lacerations found over the hymen. Vagina hardly admitted tip of finger. So vaginal swabs could not be taken. No scar over any part of the vagina. In my opinion the girl was virgin, xx xx Salwar of the prosecutrix Exhibit P-I was sent for chemical examination which as per report Exhibit PH was found to be seem stained. The prosecutrix was radiologically examined by Dr. K.C. Marwaha, P.W.6 on 22.7.1982 for ascertaining her age. This doctor opined that she was of 15 to 17 years of age on the date of examination. Pawan Kumar appellant was also medically examined by Dr. S. K. Gambhir PW 7 on 2 1.7.1982 at about 11.25 A.M. No injury was found on his person. However, Pawan Kumar appellant was found fit to perform sexual intercourse. After investigation, both the appellants were sent up for trial.
(3.)Daulat Ram appellant when examined under section 313 Cr. P.C. took up the plea of denial simplicitor. However, Pawan Kumar appellant came out with. the following version: A bout two years back, there was a dispute between Ved Parkash PW and his son Inderjit Pal. Ved Parkash PW used to come at my shop for shaving purposes. At that time, Inderjit Pal called my father. My father told him that he would advise Ved Parkash not to quarrel with him (Inderjit Pal.) However, when my father went to the house of Ved Parkash PW to advise him not to quarrel with his son Inderjit Pal PW Ved Parkash flew into rage and he (Ved Parkash PW) gave a threat to my father to see him in future. On that account, I have been falsely implicated in the present case'No evidence was led in defence.