SATNAM SINGH Vs. THE STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
The State Of Uttaranchal (Now State Of Uttarakhand)
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(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 28.07.2003, passed by Additional Sessions Judge/3rd Fast Track Court, Udham Singh Nagar, in Sessions Trial No. 411 of 2002, whereby said court has convicted the accused/appellants Satnam Singh, Preetam Singh and Mula Singh (since died) under Section 376 of I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 2000/-. All the three accused/appellants have been further convicted under Section 506 of I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of one year on that count.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that PW1 Jaswant Kaur and accused/appellants Satnam Singh and Preetam Singh belong to the same Village Tukari. Accused/appellants Mula Singh (since died) is the relative (son in law of the sister of the accused Satnam Singh and Preetam Singh) who used to live in Village Sunkari. PW2 Prem Kaur is daughter of the informant PW1 Jaswant Kaur. It is alleged by PW1 Jaswant Kaur in the First Information Report (Ex. A1) that on 16.08.2002, at about 9.00-10.00 p.m. accused Preetam Singh took PW1 Jaswant Kaur and her daughter PW2 Prem Kaur to his house. It is admitted to the informant (Jaswant Kaur) that both the parties are neighbours. It is further alleged by the informant that in the house of Preetam Singh, his brother accused Satnam Singh and their relative Mula Singh were also present. It is further alleged by the informant (Jaswant Kaur) that she was told by the accused/appellants Satnam Singh and Preetam Singh that since her son Chinder Singh has committed rape on their niece Meera Bai, as such, they would take the revenge by committing rape on the informant and her daughter. It is further alleged by PW1 Jaswant Kaur that accused Preetam Singh and Satnam Singh raped her and accused Mula Singh raped her daughter PW2 Prem Kaur. It is further alleged that the three accused/appellants after threatening the victims of dire consequences, left them.;
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