Judgement

DUTT, J. :- These two appeals by special leave - one filed by Balwant Singh, Gurdish Singh and Nirmal Singh and the other by Saudagar Singh - are directed against the judgment of the High Court of Punjab and Haryana affirming with slight modification the order of convictions and sentences passed by the learned Additional Sessions Judge, Ludhiana. The learned Additional Sessions Judge convicted the appellants under S. 366. I.P.C. and sentenced each of them to undergo rigorous imprisonment for four years and to pay a fine of Rs. 100/-. The appellants were also convicted under S. 376, I.P.C. and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000/- each. The High Court while affirming the said convictions and sentences directed that the sentences of imprisonment would run concurrently.

2. The prosecution case, in brief, is that on May 10, 1976 at 11.00 a.m., while Kumari Rajwant Kaur, aged about 19/20 years and a student of B.A. Part-II of Gobind National College, Narangwal, was going to the college to collect her certificate of passing the Pre-University Examination the Appellants, who are known to her and one Atma Singh (since acquitted), fo