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1996 Supreme(P&H) 36

V.K.BALI, K.S.KUMARAN
State Of Punjab – Appellant
Versus
Parveen Kumar – Respondent


Judgment

K.S.Kumaran, J.

1. The State of Punjab has preferred this appeal against the acquittal of the three respondents herein, namely Parveen Kumar, Vinod Kumar and Satinder Kumar. These respondents faced trial before the Addl. Sessions Judge Gurdaspur in Sessions Case No. 95/1988 on a charge under Section 376 of the Indian Penal Code. After trial, the learned Addl. Sessions Judge found the case against the respondents doubtful and acquitted them.

2. The case of the prosecution is that on 19.6.1988. Santosh Rani (P.W.2.) went to the shop of Banna Halwai for purchasing milk and on the way, the first respondent Parveen Kumar called her and asked her to come into his glass shop, but Santosh Rani did not do so and went to her house. Next day, i.e., 20.6.1988 at about 8.00 a.m. when Santosh Rani was returning from the shop of Banna Halwai, the first respondent Parveen Kumar came from his shop and took her forcibly into glass shop where she was raped, at first by the first respondent, then by the other two respondents. Santosh Rani did not mention about this to anybody, including her mother and brother. Once again on 21.6.1988 at about 12 noon when she was returning after purchasing sug







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