JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment Criminal Appeal No. 371-SB of 1995, titled Jaswinder Singh v. State of Punjab and Criminal Appeal No. 248-SB of 1993 titled Gurjit Singh v. State of Punjab can conveniently be disposed of together as the facts involved in both the appeals are identical.

(2.) MORE than two centuries ago Earl of Chatham (Speech on Wilkes case 9th January 1770) said:

(3.) ON 1.10.1993 after closure of the school at about 1.00 p.m., the prosecution case is that Harjinder Kaur was passing through Bohri Chowk, Tarn Taran. Jaswinder Singh and Baljit Singh met her. They asked her to accompany them on their Hero Honda motorcycle. She was threatened that in case she raised any alarm, she along with her brothers and parents would be killed. Afraid of the threat, she sat on the motorcycle and was taken by both of them towards Grain Market. At the Grain Market, a Maruti Car was parked. The driver of the vehicle (Maruti Car) was a young man of 19/20 years. She was thrown on the rear seat. Liquor was poured in her mouth by force. He eyes were tied. She was taken to a room at some unknown place and was made to lie on a wooden bed. The cloth tied on her mouth was opened. She grappled with the appellant-accused. Jaswinder Singh had broken the string of her Salwar. Baljit Singh caught her by her arms. The driver of the car caught her by legs. Thereupon, Jaswinder Singh raped her followed by Baljit Singh and driver of the Maruti Car. She was raped throughout the night. Her request to be left alone was not adhered to.