ONKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in these cases bearing Criminal Revision No. 1253 of 2013 - Onkar Singh vs State of Punjab and Criminal Revision No. 1411 of 2013 -Munish Kumar @ Vicky vs State of Punjab, therefore, the same are being disposed of by a common judgment.

(2.) These criminal revisions are instituted against judgment dated 1.4.2013, rendered by learned Additional Sessions Judge, Hoshiarpur, in Criminal Appeal No. 19 of 2012, whereby he upheld the judgment dated 1.2.2012, rendered by the trial Court, convicting and sentencing the petitioners as under:- <FRM>JUDGEMENT_121_LAWS(P&H)5_2019_1.html</FRM>

(3.) The case of the prosecution in a nutshell is that on 22.12.2001, on receiving the MLR pertaining to Gurjeet Singh, the police party reached Civil Hospital, Tanda. The statement of injured complainant Gurjeet Singh was recorded to the effect that he was working in the shop of Wassan Readymade garments. On 21.12.2001, at about 6.00 P.M., he was going to his village. Onkar Singh and Munish Kumar @ Vicky met him. Both of them invited him to the dhaba of Darshan Singh. He went there. Three of them consumed liquor. Thereafter, about 10.00 P.M. on the same day, they all sat on the scooter driven by Onkar Singh Patwari. Thereafter both Onkar Singh and Munish Kumar @ Vicky suddenly started beating him. They put lot of soil in this mouth. He tried to run away towards Gurudwara Dera Baba Balwant Singh, however, the accused chased him. They took him in the fields on the back side of the Gurudwara. He was administered beatings again. His clothes were removed. Accused Munish Kumar @ Vicky pushed him towards the earth and again put soil in his mouth. He could not raise alarm. Onkar Singh then started committing sodomy with him. He was given beatings. He was able to escape under the cover of darkness. He went to his father. His statement was recorded by the police. He received many injuries. The case property was sent for chemical examination at Chandigarh. FIR was registered. The challan was put up after completion of all the codal formalities.