(1.) The prosecution case in brief is that Shararijit Kaur daughter of Joginder Singh, aged about 22 years was studying in Guru Nank Girls College, Ludhiana and was residing in hostel. Her parents were residing at Bajpur, Police Station Bajpur, District Nainital, D.P., After appearing in B.A. final examination, she went to Bajpur. On 27-6-1997, she along with her mother Surjit Kaur, brother Balwinder Singh and father Joginder Singh came to Ludhiana from Bajpur by car, as she was to appear in Entrance Test on 30-6-1997 for admission to B.Ed. in Guru Nanak Girls College, Ludhiana. She along with her mother stayed with her fathers sister Pritam Kaur in Parkash Nagar (Jawaddi), Ludhiana. While her father Joginder Singh and brother Balwinder Singh left for Chandigarh in connection with some business dealing on 30-6-1997, she, went to the said college for appearance at the said test. The test was postponed upto 5th July, 1997. She came out of the college where Satish Kumar non-petitioner met her. About a year prior to that, Satish Kumar non-petitioner who is also resident of Bajpur alongwith Sanjeev Kumar alias Kaku petitioner had come to her college. They sent her message and she came out of college on receiving that message. Satish Ku mar told her that he was resident of Bajpur. Her father had sent Rs. 2000/- for her. He further told her that her father told him to purchase articles of use for her in the bazar. She confided in Satish Kumar as he was also a resident of Bajpur I.e. a co-villager. She accompanied him to the bazar. He took her snaps againstT her will and consent. She protested against her snaps being taken. Satish Kumar told her that he would return her photographs if she did not like her snaps being taken. He offered her many temptations so that he did not have to return her the snaps; She spurned his offers tainted with temptation. Thereafter, he started threatening her that if she wanted to have her snaps back she would have to agree to everything whatever he suggested to her or else he would defame her. She accompanied Satish Kumar to Shimla, Manali, Solan, Amritsar, Rohtang, Chandigarh, Ludhiana and other places so as to be able to have her snaps back from Satish Kumar and thus to save her parents from ignominy. He raped her at these places. He took her snaps also. He returned some of the snaps to her.
(2.) On 30-6-1997. Satish Kumar non-petitioner met her outside the college and told her that he would return her the remaining snaps and she should accompany him. He took her to Paradise Hotel near bus stand. Ludhiana. After staying in the hotel for some time. Satish Kumar non- petitioner called his relation Sanjeev Kumar alias Kaku petitioner who brought three wheeler. The petitioner took her and Satish Kumar to Jalandhar bye-pass. Satish Kumar took her to Amritsar. He kept her in Sharma Hotel near Sri Darbar Sahib in a room. She .telephoned her parents to Bajpur under pressure of Satish Kumar to the effect that she and Salish Kumar had married. On 3-7-1997, Satish Kumar told her that he would be coming with her snaps and she should see him in the Prikarma of Sri Darbar Sahib. She waited for Satish Kumar in the Prikarma of Sri Darbar Sahib but he did not return. On 7-7-1997 she reached Bajpur. On 8-7-1997 she reached Ludhiana along with her brother Balwinder Singh. She narrated the entire episode to her father Joginder Singh. mother Surjeet Kaur and brother Balwinder Singh. According to her. Satish Kumar had by force compelled her or by deceitful means induced her to accompany him to different places where he raped her. Sanjeev Kumar alias Kaku petitioner was in conspiracy with Satish Kumar in this nefarious act.
(3.) Learned counsel for the petitioner has submitted that according to Sharanjit Kaur herself. Satish Kumar and Sanjeev Kumar petitioner had come to her college a year prior to 30-6-1997. Message was sent to her inside the college by there and on receiving that message she came out of the college. This is the role assigned to Sanjeev Kumar petitioner which he allegedly played in June. 1996. According to her on 30-6-1997. Satish Kumar met her outside the college. He took her to Paradise Hotel, near bus stand. Ludhiana. After they had stayed there for some time in that hotel, Satish Kumar called Sanjeev Kumar alias Kaku petitioner there who brought three-wheeler, Satish Kumar took her and Sanjeev Kumar to Jalandhar bye-pass. From there Satish Kumar took - her to Amritsar. He has further submitted that there is no imputation to Sanjeev Kumar alias Kaku petitioner that he compelled Sharanjit Kaur or practised any deceitful means into leaving the keeping of her lawful guardian and accompany Satish Kumar from place to place and submit to sexual intercourse with him against her will and without her consent.