HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Custody certificate by learned State counsel is taken on record. Copy supplied.

(2.) Present application under Sec. under Sec. 389 of Code of Criminal Procedure for suspension of sentence of applicant-appellant Harjinder Singh, who has been sentenced to undergo RI for 10 years and fine of Rs.30,000.00 for commission of offence under Sec. 376(2) (G), 366, 566 IPC.

(3.) Prosecution version is that prosecutrix was married to Dalvir Singh on 06.06.2006 and the said marriage was dissolved after three months and she was living with her father. On 11.04.2010, after there being a dispute with her father she left the house and had gone to her maternal uncle's house at village Shamashpur. At about 9/10 PM when she reached near village Salana on foot, it was dark. One 'Zen' car bearing registration No.PB-48-B-3322 came from Khanna side and three persons were travelling in the car. They stopped the car. Meanwhile one Innova vehicle also reached there and there were three persons sitting in the said vehicle. Three clean shaved persons were sitting in the Zen car and starting arguing with the prosecutrix and forcibly took her in the car and threatened to kill her. They provided some cold drink to prosecutrix and she became unconcious. All six persons travelling in those two vehicles took her to unknown place and committed rape upon her against her wish.