- (1.) This judgment shall dispose of Criminal Appeal Nos. 808 and 821-SB of 2003. as both have arisen out of the same judgment. For reference, facts are taken from Criminal Appeal No. 808-SB of 2003.
(2.) These appeals are directed against the judgment dated 16.4.2003 passed by the Additional Sessions Judge, Fatehgarh Sahib, whereby accused appellant (hereinafter referred to as 'the accused'), were convicted under Sections 376, 450, 354 IPC and were sentenced as under: 1. Under Section 376 IPC RI for 10 years each and to pay fine of Rs. 1,000 each. 2. Under Section 450 IPC R.I. for 3 years each and to pay fine of Rs.SOO each,
(3.) Under Section 354 IPC R.I. for one year each 3. The prosecution story, in nutshell, is that on 26.7.1999 at about 8.00 p.m.. when she prosecutrix was preparing meals and her aunt Gurdev Kaur (who is blind) was in the bathroom, accused Sadiq Ali @ Babbu and Rajinder Singh @ Pinky entered their house. Accused Babbu caught hold of her arms and accused Pinki started pulling her breast. Thereafter, Pinki tore out her shirt and then both of them pulled her 'salwar'. Both the accused got her fallen on the ground. On raising hue and cry, her aunt Gurdev Kaur came out of the bathroom. But, the accused continued gagging her mouth and the accused Pinki, with an intention to commit sexual intercourse laid over her. On raising hue and cry by Gurdev Kaur, Baljinder Singh arrived at the spot. Consequently, both the accused fled away. The case was registered on 10.8.1999 and was investigated. On completion of the investigation, challan against the accused was presented in the Court.;