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1988 Supreme(P&H) 18

S.S.DEWAN
Balwinder – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.Dewan, J.

1. The appellants Balwinder Singh, Amarjit Singh and Mohan Singh, all residents of village Fattupar stood charged before the Sessions Judge, Gurdaspur, under Sections 376 and 342, Indian Penal Code. The learned Sessions Judge held the charges as proved. The appellant were convicted for the aforesaid offences and each of them was sentenced to 7 years rigorous imprisonment and a fine of Rs. 400/- under the first count and six months rigorous imprisonment under the second count with the direction that the substantive sentences so awarded to them shall run currently.

2. The prosecution case is in a very narrow compass. On 8-8-1984, in the afternoon Jagir Kaur, wife of Chanchal Singh of village Ransike Kalan went to village. Dehar Gwar to bring medicine from a doctor. After getting medicine, she started back for her house from village Dehar Gwar at about 5 P.M. and when she reached near village Fattupur, the three accused started following her and they asked her to go inside the Chari filed. She told the accused that the was in a surry, to go to her house because her husband was sick but the accused forcibly took her inside the Chari field broke open the string of










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