IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRIMINAL APPEAL NO.1169 SB OF 2003

DATE OF DECISION: NOVEMBER 22, 2007

Balkar Singh

.....Appellant

VERSUS

State of Punjab

....Respondent

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

PRESENT:

Mr. Ram Bilas Gupta, Advocate,

for the appellant.

Mr. Shailesh Gupta, DAG, Punjab,

for the State.

****

RANJIT SINGH, J.

Appellant Balkar Singh is accused of raping Santosh Rani, a

mentally retarded lady. The appellant could succeed in his adventure due to his

proximity with the brother of the prosecutrix. He was statedly working with the

brother of the prosecutrix as a helper cook/Halwai at marriage functions.

On 16.10.2002, the appellant went to the house of the prosecutrix

and told her that her brother has rented a room in Bhai Randhir Singh Nagar

and she was to accompany him to the room. After speaking to her brother,

retarded lady, in all her innocence, accompanied the complainant. He took her

to his room instead. There he f