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2011 Supreme(P&H) 1509

A.N.JINDAL
Sadiq Ali alias Babbu – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant (in CRA No.808-SB of 2003):Mr. Pawan Kumar, Senior Advocate with Mr. Anshuman Mandher, Advocate.
For the Appellant (in CRA No.821-SB of 2003):Mr. Bhag Singh, Advocate.
For the Respondent: Mr. Baljinder Singh Sra, Addl. A.G., Punjab.

JUDGMENT

Mr. A.N. Jindal, J (Oral) - This judgment shall dispose of Crl. Appeal Nos. 808 and 821-SB of 2003, as both have arisen out of the same judgment. For reference, facts are taken from Criminal Appeal No. 808-SB of 2003.

2. These appeals are directed against the judgment dated 16.04.2003 passed by the Additional Sessions Judge, Fatehgarh Sahib, whereby accused-appellants (hereinafter referred to as ‘the accused’), were convicted under Sections 376, 450, 354 IPC and were sentenced as under:-

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1. Under Section 376 IPC : R.I. for 10 years each and to pay fine of Rs.1000/-

each.

2. Under Section 450 IPC : R.I. for 3 years each and to pay fine of Rs.500/-

each.

3. Under Section 354 IPC : R.I. for one year each.

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3. The prosecution story, in nutshell, is that on 26.07.1999 at about 8.00 P.M., when the prosecutrix was preparing meals and her aunt Gurdev Kaur (who is blind) was in the bathroom, accused Sadiq Ali @ Babbu and Rajin













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