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2008 Supreme(SC) 1792

DALVEER BHANDARI, HARJIT SINGH BEDI
Rajoo – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For the Appellants :Ranjit Kumar, Fakruddin, Sr. Adv., Ms. Binu Tamta, Advocates.
For the Respondent:C.D. Singh, Sunny Chowdhury, Vairagya Vardhan, Aditya Singh and Ms. Upasana Nath, Advocates.
For the Complainant :Ms. B. Sunita Rao, Advocate.

JUDGMENT

Harjit Singh Bedi, J. —

1. These appeals by way of special leave arise out of the following facts.

2. On 28th December 1986, the prosecutrix PW9 along with her mother, Dukhni Bai PW8 were on their way to the bazaar for purchasing households items. While on the way, they met four of the accused Pyaru, Nandoo, Rajoo and Pentoo, who addressed the prosecutrix as a prostitute and then asked her to go with them to a hotel some distance away. The prosecutrix, however, refused to accept this order on which Nandoo and Pyaru put a towel on her face and after slapping her several times, made her sit on a scooter with Nandoo in front and Pyaru at the rear and the prosecuritx in the middle. The two accused then took the prosecutrix near the newly constructed quarters where the other accused were already present. It is the case of the prosecution that all the accused, first Nandoo, and thereafter the others turn by turn committed rape on her, and after having satisfied their lust, she was dropped by some of them near the peepal tree in the bazaar. She then reported the matter to the police at about 10 p.m. the same evening in which she named Nandoo and Bindu as the two accused who had t





















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