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2013 Supreme(P&H) 1369

ANITA CHAUDHRY
Amit Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:R.P. Dhir and Charanjit Sharma, Advocates.
For Respondents/Defendant: B.S. Bhalla, Additional A.G.

JUDGMENT

Anita Chaudhary, J.

1. This judgment would dispose of Criminal Appeal No. 1992-SB of 2007 bearing title Amit Kumar @ Vicky vs. State of Punjab and Crl. Revision No. 1331 of 2008 bearing title Ranjit Kaur vs. The State of Punjab and Another. Appellant Amit was convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for 7 years and pay-a fine of Rs. 3,000/- and in default of payment to further undergo rigorous imprisonment for 5 months in FIR No. 165 dated 23.04.2005, registered at Police Station Sadar, Hoshiarpur.

2. Unfolding the factual matrix, the prosecutrix (name withheld) made a written complaint to the police on 19.04.2005. She was married to one Paramjit Singh about 10 years ago and had two children. Her husband went abroad and did not return. She returned to live with her mother at village Khanoor. Appellant Amit was a friend of her brother Sukhjit. He used to come to her house often. Sukhjit went abroad about one and a half months prior to the incident. The appellant came to the house of the prosecutrix when she was alone. On that day her mother had gone to Hoshiarpur for some personal work. The complainant was suffering from temperature. The a























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