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2010 Supreme(SC) 636

P.SATHASIVAM, B.S.CHAUHAN
Satpal Singh – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been preferred against the Judgment and Order dated 7.03.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Crl. Appeal No. 337-SB of 1994, by which the High Court has upheld the conviction Order of the Trial Court dated 20th/21st July, 1994 passed in Sessions Trial No. 21 of 1993, however, the High Court reduced the sentence from seven years to five years for the offence punishable under Section 376 of the Indian Penal Code (hereinafter called as, “IPC”).

2. The facts and circumstances giving rise to the present case are that the alleged occurrence of rape took place on 11.03.1993. Rajinder Kaur (PW 15), the prosecutrix, and her brother Rajinder Singh (PW 16) had gone to fields for collecting cattle fodder. Rajinder Singh had gone on a cycle and settled in a field at some distance from the field where Rajinder Kaur, the prosecutrix, had reached to cut/collect the grass. The appellant, Satpal Singh, caught hold of her and out of fear, the sickle in her hand fell down. The appellant took her to the nearby wheat field and raped her. She raised an alarm and upon hearing the same, her brother, Rajinder Singh (PW 16),














































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