IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 516   OF 2007

KAKI ... APPELLANT(S)

:VERSUS:

STATE OF PUNJAB ... RESPONDENT(S)

O R D E R

Having heard the  learned  counsel  for  the  parties  and having  been taken  

through the judgments of the Courts below as also keeping in view the position of the  

prosecutrix, we are of the opinion that no case has been made out for our interference  

in the matter.

Admittedly, Ajaib Singh, who was convicted for commission of an offence  

under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for  

10 years,  has  not  approached this  Court.  The appellant  herein  is  the sister  of  the  

mother of the prosecutrix.  It has been established by the prosecution by bringing  

cogent and sufficient evidence on record that on the intervening night of 11/12.4.1992,  

the appellant enticed the prosecutrix to the house of one Sarwan Singh, which is at  

some distance, so as to facilitate Ajaib Singh to commit rape upon her.   

-2-

Learned counsel for the appellant submits that keeping in view the fact that

the appellant has two daughters, the sentence imposed upon her may be converted  

into the period already undergone by her.   

Keeping  in  view  the  object  and  the  purport  for  which  the  provisions  of  

Section 366 of the I.P.C. was enacted and furthermore in view of the relationship  

between the parties, on the basis whereof the prosecutrix must have placed explicit  

trust and reliance on her for the purpose of accompanying her in the night to a place  

at some distance,  i.e.  on the pretext that she (appellant)  was going to the field for  

easing herself, we are of the opinion that no case has been made out for interference  

with the quantum of sentence.

The appeal is accordingly dismissed.

...........................J (S.B. SINHA)

...........................J   (Dr. MUKUNDAKAM SHARMA)    NEW DELHI, MAY 5, 2009.