STATE Vs. SWATANTARA BHARAT & ORS

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 14.07.2000 passed by the Additional Sessions Judge, Delhi, in Sessions Case No. 503/1988 arising out of FIR No. 43/1988 under Sections 376/307/451 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC') registered at Police Station Kotwali, whereby the respondents were acquitted for the aforesaid offence punishable under Sections 376/307/451 read with Section 34 of the IPC. Respondents No. 3 and 4 i.e. Haria and Somnath respectively died long back, and the present appeal stands abates against them.

(2.) Brief facts of the case, as noticed by the learned Trial Court, are as under: -

(3.) To bring home the guilt of the respondents, the prosecution examined 17 witnesses in all. Statements of all the respondents were recorded under Section 313 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') by the learned trial court wherein they pleaded not guilty and claimed trial. The respondents chose not to lead any evidence in their defense.