JUDGMENT

P.P. Naolekar, J. — Accused Lalit Gupta, Ashok Kumar alias Babbu, Pardeep Kumar and Karam Chand were tried under Sections 366, 376, whereas accused-Inderjit Singh was tried under Section 376 read with Section 109 and Section 368 of the Indian Penal Code, 1860 (for short "IPC"). All the five accused were held guilty under Section 376, IPC by the Additional Sessions Judge, Chandigarh and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.500/- each and in default of payment of fine to undergo further rigorous imprisonment of two months. The accused preferred appeals before the High Court of Punjab & Haryana at Chandigarh. Ashok Kumar and Karam Chand died during pendency of proceedings; Inderjit Singh was acquitted of the charge under Section 376, IPC, while the conviction of Lalit Gupta and Pardeep Kumar under Section 376, IPC was upheld by the High Court. Against the impugned judgment, accused-Pardeep Kumar has preferred this appeal by special leave.

2. The prosecution case as set out in the First Information Report (FIR) is that the prosecutrix was living in House No. 3359, Sector 19D, Chandigarh with her brother and mother. Accused-Lalit Gu