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2012 Supreme(SC) 397

B.S.CHAUHAN, DIPAK MISRA
State of Rajasthan – Appellant
Versus
State of Rajasthan – Respondent


ORDER

1. These appeals have been preferred by the State against the judgment and order dated 5.4.2007 passed by the High Court of Judicature for Rajasthan (Jaipur Bench) in S.B. Criminal Appeal No.103 of 2005 and S.B. Criminal Appeal No.82 of 2005, by which, the conviction of the respondents Vinod Kumar under Section 376 of the Indian Penal Code, 1860 (hereinafter called IPC) and Heera Lal under Section 376 read with Section 120B IPC made by the Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (hereinafter called SC/ST Act) Jaipur dated 22.1.2005 passed in Sessions Case No.123 of 2002 has been maintained but the sentence of respondent Vinod Kumar has been reduced from 7 years to 5 years and that of accused Heera Lal from 7 years to 11 months and 25 days.

2. Facts and circumstances giving rise to these appeals are that on 29.8.2002, Guddi, complainant, appeared before the Officer Incharge of the police station alongwith her brother-in-law Babu Lal and submitted a report that one day earlier, i.e. on 28.8.2002 she attended a memorial function in respect of death of her relative. She left the place alongwith Babu Lal, her brother-in-law and stayed in t

































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