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2014 Supreme(P&H) 771

R.P.NAGRATH
Jaswant Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
Mr. Vikas Bahl, Advocate for appellant-Jaswant Singh.
Mr. Vikas Bahl, Advocate for Mr. Rahul Sharma, Advocate for appellant-Balwant Singh Mr. Ankur Jain, AAG, Punjab.

Judgment

R.P. NAGRATH, J.

By this common judgment, two connected appeals arising from same judgment of the trial Court are being disposed of. CRA-S-2983-SB of 2011 is filed by Jaswant Singh and CRA-S-2470-SB of 2012 by Balwant Singh.

2. The appellants faced trial of the charge under Section 376 IPC for committing rape on 14/15 years old mentally sick girl. The appellants were running an Ashram (Care Home) for mentally challenged patients at village Ladhuwal, District Ludhiana.

3. The prosecution was set in motion by Manmohan Singh who was about 18/19 years old boy. They are two siblings. The complainant was a small child when his father died. They were destitutes and took shelter in the ashram. Gurmeet Kaur mother of complainant started living in the ashram as wife of Jaswant Singh-appellant whose first wife had already died. Children of Jaswant Singh-appellant were already married and residing at Ludhiana.

4. There were about 13/14 differently challenged patients in the care home (ashram). Mother of the complainant was looking after the kitchen.

5. It was stated that both the appellants used to take liquor in the ashram and complainant had also seen them committing rape on 'P' (name wit














































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