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2009 Supreme(SC) 335

ARIJIT PASAYAT, ASOK KUMAR GANGULY
State of Rajasthan – Appellant
Versus
Hanif Khan – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in these appeals is to the judgment of a Division bench of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondents. Learned Additional Sessions Judge (Fast Track Court), Anoopgarh, Sriganganagar Rajasthan had convicted the respondents for offences punishable under Sections 376 (2)(g), 302 read with Section 34, 201 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC'). For the offence relatable to Section 372(2)(g) each was sentenced to undergo for rigorous imprisonment for 10 years, for the offence relatable to Section 302 read with Section 34 to life imprisonment and for the offence relatable to Section 201 read with Section 34 IPC for five years and in each case fine was imposed with default stipulation. Two appeals were filed by the accused persons. Both the appeals were allowed.

3. Prosecution version in a nutshell is as follows:

On 11.04.2001 at 8.30 p.m. complainant Billu Khan son of Sayyed Khan, resident of Badopal, Tehsil Pilibanga submitted a typed report (Ext. P-1) before the Station House Officer, Police Station Sri Vijaynagar about the incident of this case to this effe












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