BALKAR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred by Balkar Singh, Gurdarshan Singh and Sewa Singh appellants, all residents of village Bassian, District Ropar. All of them have been convicted and sentenced by the learned Sessions Judge, Ropar as under:

(2.) IN view of the statement made by Mr. Ghai, this Court need not delve into the facts and merits of the appeal. Suffice it to say, the charge of gang rape failed before the trial Court and only Gurdarshan Singh appellant was held guilty under Section 376 IPC and has been sentenced to undergo RI for 5 years and a fine of Rs. 1,000/' -, though the maximum sentence prescribed for rape is 7 years. The trial Court has imposed lesser sentence upon him only on the ground that he was 16 years of age at the time of occurrence. It is also not disputed that Paramjit Kaur prosecutrix was 17 years of age at that time.

(3.) THE learned State counsel has stated that though Balkar Singh and Sewa Singh may be dealt with leniently but no leniency should visit Gurdarshan Singh, who has committed rape upon a young girl of 17 years.