MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals have been preferred against the impugned judgment and order dated 3.12.2010 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 1009-SB of 2000, 1031-SB of 2000 and 1080-SB of 2010, by way of which the High Court has affirmed the judgment and order dated 25.09.2000 passed by the Additional Sessions Judge, Fatehgarh Sahib, Punjab in Sessions Case No. 15T/98/22.12.95, by way of which the learned trial court has convicted the appellants along with others, namely, Ranjit Singh and Smt. Jasbir Kaur for the offences punishable under Section(s) 376(2)(g) and 366 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), and awarded sentence of 10 years to each of them and fine of Rs.2000/- and Rs. 3,000/- respectively, and in default of payment of fine, to undergo further RI for one year and six months respectively.

(2.) The facts and circumstances leading to filing of these appeals are that, one Manjit Kaur (PW-1), who was a student of class X had gone along with 15-16 other girls from her school to attend sport meet at Fatehgarh Sahib. All those 15-16 girls had been walking to reach Fatehgarh Sahib.

(3.) Darbara Singh (PW-3), father of the prosecutrix lodged the FIR, though at a later stage, i.e. after one week, in the police station. The matter was investigated, charge sheet was filed against all these persons and after conclusion of the trial, the trial court convicted all the aforesaid appellants as well as Ranjit Singh and Jasbir Kaur, and awarded sentence referred to hereinabove. The High Court, while hearing their appeals, acquitted only Jasbir Kaur and maintained the conviction and sentence of other persons, hence these appeals.