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1995 Supreme(SC) 31

M.M.PUNCHHI, K.JAYACHANDRA REDDY
Ram Kumar And Nain Singh – Appellant
Versus
State Of H. P. – Respondent


JUDGMENT

 This case relates to a custodial rape. The Court of Session acquitted the two appellants herein of the crime but the High Court recorded convictions under more than one heads, besides rape and sentenced substantively Nain Singh appellant to seven years rigorous imprisonment and Ram Kumar appellant to two years rigorous imprisonment which has given rise to these appeals.

2. Learned counsel for the respective appellants have been at pains to urge that the judgment of the Trial Judge is far more convinvcing than that of the High Court. It is inevitable that each Court would justify its order by assigning appropriate reasons. We cannot cast any preference of one over the other. We have thus resorted to the reading of the statement of the prosecutrix. She was married to Khem Raj PW-4 and had been residing at Chadigarh wherefrom the couple had been fetched to Rajgarh in Himachal Pradesh by Chuhar Singh. PW-1, brother of Khem Raj. On the fateful night, the prosecutrix and her husband were sleeping in the house of Chuhar Singh where around midnight they were rudely awakened by the two appellants; one of whom i.e. Nain Singh was an Investigating Head Constable and the other Ram Kum





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