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2006 Supreme(Chh) 262

D.R.DESHMUKH
Dharm Sai – Appellant
Versus
State Of Chhattisgarh – Respondent


JUDGMENT

Dilip Raosaheb Deshmukh, J.

1. This appeal is directed against the judgment dated 19-10-2001 delivered by Shri T. R. Burman, 1st Additional Sessions Judge, Ambikapur, Dist. Surguja in Sessions Case No. 189/2001 whereby the appellants were convicted for offence under Section 376(2)(g) of IPC and were sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1000/- and in default to undergo R.I. for 6 months each.

2. Briefly stated the prosecution story is that on 16-5-2000 at about 10.00 p.m. the prosecutrix aged about 17 years, was returning from village Aara to her home in Hardijhiria. She was accompanied by Manju and Lalsai. On way near Ginamoda the appellants started teasing her. The appellant-Dharam Sai pulled the hand of the prosecutrix. When Manju and Lalsai intervened they were threatened by the appellants. Both Manju and Lalsai went away. The appellants dragged the prosecutrix to a nearby field situated at a distance of about 50 meters. Dharam Sai felled the prosecutrix on the ground and after undressing mounted on the prosecutrix and committed rape on her while the appellant Alamsai stood nearby. When Alamsal was about to commit rape on the prosecutri













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