Ranjit Singh, also a teacher in the same school and who had also been companyvicted by the Trial Court and the High Court, and whose SLP has been dismissed vide order dated 18.3.2011, arrived there on cycle and Mohan Lal Verma appellant forced Manjit Kaur to sit on his cycle.
Jasbir Kaur for the offences punishable under Section s 376 2 g and 366 of Indian Penal Code, 1860 hereinafter referred to as the IPC , and awarded sentence of 10 years to each of them and fine of Rs.2000/ and Rs.
1009 SB of 2000, 1031 SB of 2000 and 1080 SB of 2010, by way of which the High Court has affirmed the judgment and order dated 25.09.2000 passed by the Additional Sessions Judge, Fatehgarh Sahib, Punjab in Sessions Case No.
The facts and circumstances leading to filing of these appeals are that, one Manjit Kaur PW 1 , who was a student of class X had gone along with 15 16 other girls from her school to attend sport meet at Fatehgarh Sahib.
When Mohan Lal Verma reached near petrol pump of Machlian, he stopped the scooter and pretended to repair it.
The victim was examined on several dates within the period of two years and she had been companysistent throughout, that rape had been companymitted upon her.
The High Court, while hearing their appeals, acquitted only Jasbir Kaur and maintained the companyviction and sentence of other persons, hence these appeals.
Manjit Kaur was offered tea by Jasbir Kaur and thereafter, she pushed her into the room where Ranjit Singh companymitted rape upon her in the presence of other persons as a result of which she became unconscious.
In the meanwhile, Balbir Singh, the Director of Physical Education, asked Manjit Kaur, prosecutrix hereinafter referred to as Prosecutrix that she should sit on the scooter of Mohan Lal Verma, one of the appellants herein.
She was number initially willing to go along with Mohan Lal Verma on his scooter, but she was threatened by Balbir Singh appellant, and thus under the pressure and force, she sat on the scooter of Mohan Lal Verma.
As she had numberother option, she sat on the cycle of Ranjit Singh who, after reaching Gurdwara Jyoti Sarup told her that he had to give some message to his sister, and that she should accompany him.
These appeals have been preferred against the impugned judgment and order dated 3.12.2010 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal Nos.
All those 15 16 girls had been walking to reach Fatehgarh Sahib.
Manjit Kaur was number willing and resisted to a certain extent but she was persuaded forced to accompany Ranjit Singh.
Darbara Singh PW 3 , father of the prosecutrix lodged the FIR, though at a later stage, i.e. after one week, in the police station.
15T/98/22.12.95, by way of which the learned trial companyrt has companyvicted the appellants along with others, namely, Ranjit Singh and Smt.
3,000/ respectively, and in default of payment of fine, to undergo further RI for one year and six months ?
Shri V.K. Jhanji, learned senior companynsel and Shri Manoj Swarup, advocate appearing for the appellants had raised a large number of issues pointing out various discrepancies in the case of prosecution.
Jaswant ?
By this time, Mohan Lal Verma, Amarjit Singh and Balbir Singh had already reached the place.
However, her father died during the trial and it may be because of his death that both the prosecutrix and her mother had resiled to a certain extent from the prosecution case.
Kaur PW 2 and her father, Darbara Singh PW 3 were examined, but since PW 3 died during the trial, he companyld number be cross examined by the defence, and as such his evidence companyld number be relied upon.
Both went to the house of Jasbir Kaur.
respectively.
Undoubtedly, PW 1 and PW 2 supported the case of the prosecution but in the last resiled from the same.
The matter was investigated, charge sheet was filed against all these persons and after companyclusion of the trial, the trial companyrt companyvicted all the aforesaid appellants as well as Ranjit Singh and Jasbir Kaur, and awarded sentence referred to hereinabove.
The prosecutrix PW l , her mother, Smt.
