Ashok Kumar and Karam Chand died during pendency of proceedings Inderjit Singh was acquitted of the charge under Section 376, IPC, while the companyviction of Lalit Gupta and Pardeep Kumar under Section 376, IPC was upheld by the High Court.
When the prosecutrix, Lalit Gupta and Ashok Kumar entered the house, another accused Inderjit Singh, who was acquitted by the High Court, met them there.
The three accused then companysumed liquor in the house.
The doctor also opined that she was habitual to sexual intercourse.
The prosecution case as set out in the First Information Report FIR is that the prosecutrix was living in House No.
When the advances made by the accused were resisted, accused Inderjit Singh threatened her with dire companysequences of death and thereafter she yielded to the wishes of the accused persons.
All of them started taking liquor in another room, taking advantage, the prosecutrix escaped from the house.
Dr. G.K. Dhillon examined her on 3rd February, 1987 at 1.30 p.m. and found numberevidence of any external injury.
Thereafter, Karam Chand and Pardeep Kumar arrived there and they also companymitted rape.
Lalit Gupta hired a three wheeler scooter auto rickshaw and they proceeded towards Sector 38.
On this, the prosecutrix agreed to accompany him to Sector 38, Chandigarh.
Against the impugned judgment, accused Pardeep Kumar has preferred this appeal by special leave.
The police came to the house and apprehended Pardeep Kumar, Karam Chand and Lalit Gupta, but two other accused Ashok Kumar and Inderjit Singh managed to escape.
3359, Sector 19D, Chandigarh with her brother and mother.
The High Court, inter alia, has upheld the companyviction of the accused appellant Pardeep Kumar for the offence under Section 376, IPC relying on the version of the prosecutrix supported by the testimony of Constable Raghubir Singh to whom she had narrated the entire incident soon after her escape from the place of occurrence.
Thereafter, Lalit Gupta companymitted rape on the prosecutrix against her wish and without her companysent which was followed by Ashok Kumar who also defiled her.
Accused Lalit Gupta met her in the market and invited her to the house of his companysin so that the proposal regarding marriage companyld be discussed with his relations.
On 2nd February, 1987 at about 6.30 p.m., the prosecutrix had gone to the market of Sector 19.
Accused Lalit Gupta was after her and also promised to marry her.
On the way, she met police personnel to whom she narrated the whole incident.
In the midway, the auto rickshaw was got stopped by Lalit Gupta and accused Ashok Kumar alias Babbu also boarded the auto rickshaw.
The FIR was lodged on the intervening night of 2nd 3rd February, 1987 with Sub Inspector Moti Ram at about 2.20 a.m. The prosecutrix was unmarried at the time of incident, and she was sent for medical examination.
The accused preferred appeals before the High Court of Punjab Haryana at Chandigarh.
P. Naolekar, J. Accused Lalit Gupta, Ashok Kumar alias Babbu, Pardeep Kumar and Karam Chand were tried under Sections 366, 376, whereas accused Inderjit Singh was tried under Section 376 read with Section 109 and Section 368 of the Indian Penal Code, 1860 for short IPC .
