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2008 Supreme(HP) 281

V.K.AHUJA, SURINDER SINGH
Jasbir Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
For the Appellants :- Mr. Deepak kaushal, Advocate for the appellant in Cr. A. No. 409 of 2004 & Mr. K.B. Khajuria, Advocate for the appellant in Cr. A. No. 420 of 2004.
For the Respondents:- Mr. J.S. Guleria, Law Officer.

JUDGMENT

(V.K. Ahuja, J.) - This judgment shall dispose of both the appeals filed by the appellants arising out of the same judgment of the learned Sessions Judge, Solan, dated 6.9.2004, vide which the appellants were held guilty and sentenced as under:

Rigorous Imprisonment for 10 years and fine of Rs. 2,000/- each under Section 376, Sub Section 2, Clause (g). In default of payment of fine, the appellants were to undergo Rigorous Imprisonment for a further period of one year each.

2.Briefly stated that facts of the case are that on 10.11.2003, at about 7.45 p.m., a statement was made by prosecutrix ‘M’ (name not mentioned) under Section 154 Cr. P.C. before the police officer. She alleged that she is a resident of District Bilaspur and had come to Kunihar where her elder sister Pushpa Devi was married to one Prem Singh. It was alleged that the said Prem Singh had fractured his left leg in an accident and her sister had called her to assist her in the household work and she was staying with her sister for the last about one month. Prem Singh was away to IGMC, Shimla for check up and her sister and she were present in the house. At about 1.30 p.m. today, when she went to the for






















































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