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2018 Supreme(Chh) 466

ARVIND SINGH CHANDEL
Kamlesh Naik – Appellant
Versus
State of Madhya Pradesh (now Chhattisgarh) – Respondent


Advocates Appeared:
For the Appellants :Shri Arun Kochar, Advocate.
For the Respondent: Shri Ramakant Pandey, Panel Lawyer.

JUDGMENT :

1. This appeal is directed against the judgment dated 5.12.1998 passed by the 7th Additional Sessions Judge, Raipur in Sessions Trial No.213 of 1998 convicting and sentencing each of the Appellants as under:

Conviction

Sentence

Under Section 376(2)(g) of the Indian Penal Code

Rigorous Imprisonment for 10 years and fine of Rs.1,000/- with default stipulation

Under Section 450 of the Indian Penal Code

Rigorous Imprisonment for 3 years and fine of Rs.500/- with default stipulation

Under Section 506 Part II of the Indian Penal Code

Rigorous Imprisonment for 2 years The jail sentences are directed to run concurrently

3. Facts of the case, in brief, are that on the date of alleged incident, the prosecutrix (PW1), who was a married woman and mother of 3 children, was aged about 30 years. Her eldest daughter Mona (PW2) was aged about 11 years. On 6.4.1998, the prosecutrix lodged First Information Report (Ex.P1) in Police Station Dharsinwa alleging that in the night of 8.3.1998 at about 11:00 p




















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