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2019 Supreme(SC) 197

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, INDIRA BANERJEE
RAJU – Appellant
Versus
STATE OF HARYANA – Respondent


Advocates Appeared:
For the Appellant : Mr. Siddhartha Dave, Adv.(A.C.), Ms. Jemtiben, Adv.
For the Respondent: Mr. S. Udaya Kumar Sagar, AAG, Dr. Monika Gusain, AOR

JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

This appeal is directed against the final judgment and order dated 24.08.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1830-SB of 2003, by which the High Court dismissed the appeal filed by the Appellant herein challenging the judgment of conviction under Section 376(2)(g) of the Indian Penal Code (IPC) dated 08.11.2002 and order of sentence dated 11.11.2002 rendered by the Additional Sessions Judge, Gurgaon, in Sessions Case No. 5/2001.

2. The brief facts leading to the instant appeal are that an FIR was lodged against the Appellant Raju s/o Rajendar Singh, and two other persons, viz. Raju s/o Bhim and Raja @ Raj Kumar s/o Makhsi, alleging that the three persons had intercepted the prosecutrix when she was passing by some fields along with her one year old brother and had taken her to a field nearby, whereupon Raju s/o Bhim and Raja @ Raj Kumar s/o Makhsi engaged in the gang-rape of the prosecutrix, while the Appellant stood outside the field. The prosecutrix was aged fifteen years at the time of the inci


































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