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2004 Supreme(AP) 552

H.R.PANWAR
Sita Ram – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

H.R. Panwar, J.— This criminal appeal under Section 374(2) Cr. P.C., is directed against the judgment and order dated 10-10-2003 passed by the learned Additional Sessions Judge No. 2, Chittorgarh (for short, “the trial court” hereinafter) in Sessions Case No. 46/2003, whereby the trial court convicted the appellant for the offences punishable under Section 363, 366 and 376 IPC and sentenced him as under :-

Sec. 363 IPC — Five years simple imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo one month’s simple imprisonment.

Sec. 366 IPC — Seven years simple imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo one month’s simple imprisonment.

Sec. 376 IPC — Ten years simple imprisonment and a fine of Rs. 1000/- and in default of payment of fine further to undergo two months simple imprisonment.

All the substantive sentences were directed to run concurrently. Aggrieved by the impugned judgment of conviction and order of sentence under appeal, the appellant has filed the instant appeal.

2. Briefly stated, the facts of the case, to the extent they are relevant and necessary for the decision of


































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