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2014 Supreme(SC) 743

SUDHANSU JYOTI MUKHOPADHAYA, PRAFULLA C.PANT
Om Prakash – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

PRAFULLA C. PANT, J.

These appeals are directed against the judgment and order dated 30.7.2008 passed by the High Court of Punjab and Haryana whereby conviction and sentence recorded against accused/appellants Om Prakash and Kartar Singh under Section 376(2)(g) IPC, and one against accused/appellant Chhoti, under Section 109 IPC, are affirmed.

2. The prosecution case in brief is that on the day of incident, prosecutrix aged about 15 years, was alone in her house, in Village Jagan. Her mother had gone to Village Hasanga on account of death of her grand mother, and other family members were also not present in the house. Accused/appellant Chhoti came there and asked the prosecutrix to bring ‘lassi’ from her house. On this, prosecutrix went to the house of accused Chhoti but as soon as she entered the house, accused Kartar Singh (husband of Chhoti) and another accused Om Prakash, who were already sitting there, bolted the door from inside and the prosecutrix was raped by them. She was freed by them after about an hour. She was threatened to be eliminated if she disclosed about the incident to any one. Prosecutrix came back to her house and did not disclose about the above incid






















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