BABU SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Babu Singh and Harvinder Singh, appellants have preferred this appeal against their conviction and sentence awarded by Additional Sessions Judge, Jagadhari, vide judgment/order dated 12.6.2000, the detaills of which are as under :- <FRM>JUDGEMENT_2030_TLP&H0_2010_1.html</FRM>

(2.) The brief facts of the case are that Daler Kaur, PW4, and Sukhwinder Kaur, PW5, submitted an application Ex.PA, to the DSP Jagadhari, wherein they alleged that on 29.12.1998, at about 10.00 a.m., on an application Ex. PA jointly submitted by Daler Kaur, PW4, and Sukhwinder Kaur, PW5, to DSP Jagadhari wherein they alleged that on 29.12.1998 at about 10.00 a.m. they went to attend the call of nature in the fields of Babu Singh. Their mother was coming at a short distance. Babu Singh S/o Tarlok Singh and Harvinder Singh S/o Karnail Singh had tried to commit rape upon them. On raising noise their mother reached at the spot. On this application FIR No. 91 dated 3.7.1999 under Section 376, 511 IPC was registered in police station Bilaspur.

(3.) After completion of investigation challan against the accused was presented. The learned Judicial Magistrate committed the case to the Court of Sessions. The learned Additional Sessions Judge charged both the accused under Sections 376 (2) (g) read with Section 511 of Indian Penal Code to which both the accused pleaded not guilty and claimed trial.