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1980 Supreme(SC) 493

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Harpal Singh – Appellant
Versus
State Of H. P. – Respondent


Judgment

S. M. FAZAL ALI, J. :- This appeal by special leave is directed against the judgment of the High Court of Himachal Pradesh. The appellants have been convicted under Section 376 of the Indian Penal Code and sentenced to rigorous imprisonment for four years each. The central evidence in the case consists of the testimony of Saroj Kumari, the girl who is said to have been raped by the appellants and another, who was acquitted by the trial court. The occurrence, according to the prosecutrix, took place on the night intervening the 20th and 21st August, 1972. The first information report was lodged on 31st August, 1972. The complainant had given reasonable explanation for lodging it after ten days of he occurrence. She stated that as honour of the family was involved, its members had to decide whether to take the matter to the court or not. It is not uncommon that such considerations delay action on the part of the near relations of a young girl who is raped. The prosecutrix has narrated her story before the committing Magistrate as well as Sessions Judge. Leaving aside minor contradictions here and there her testimony is consistent. Both the High Court and the Sessions Judge ha




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