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2003 Supreme(SC) 915

B.P.SINGH, N.S.HEGDE
Devinder Singh – Appellant
Versus
State Of H. P. – Respondent


JUDGMENT

B.P. Singh, J.-In those five appeals by special leave the five appellants have impugned the common judgment and order of the High Court of Himachal Pradesh, Shimla dated August 3, 2001 in Criminal Appeal Nos. 94, 95, 98, 111 and 112 of 1997 whereby the High Court dismissed the appeals preferred by the appellants affirming the judgment and order of the Sessions Judge, Kinnaur Sessions Division, Rampur in Sessions Trial No. 10-R/7 of 1995 dated 20th February, 1997. All the appellants were found guilty of the offences under sections 457, 376 and 380 IPC and were sentenced to two years rigorous imprisonment and a fine of Rs.1000/- each under section 457 IPC; seven years rigorous imprisonment and a fine of Rs. 2000/- each under section 376 IPC and one year rigorous imprisonment and a fine of Rs.1000/- each under section 380 IPC. They were also sentenced to various terms of imprisonment for default in payment of fine. It was further directed that a sum of Rs.10,000/- be paid to the victim, in case fines were recovered.

2. The charge against the appellants mainly is that on February 20, 1994 they forcibly entered the room occupied by the prosecutrix, PW. 1 and each one of them rape























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