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2022 Supreme(Chh) 70

RAJENDRA CHANDRA SINGH SAMANT, ARVIND SINGH CHANDEL
Yunus Khan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shakti Raj Sinha, Advocate.
For the Respondent: Mr. Kapil Maini, Panel Lawyer.

JUDGMENT :

R.C.S. Samant, J.

1. This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 11.04.2014 passed by the Special Judge, Scheduled Caste/Scheduled Tribe(Prevention of Atrocities) Act, 1989, Koriya, Baikunthpur, Chhattisgarh in Special Session Trial No.03/2013 convicting the accused/appellant under Section 363, 366, 376 & 493 of the Indian Penal Code (for short 'the IPC') and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act(for short 'the Act, 1989') and sentencing him to undergo RI for 7 years with fine of Rs.1,000/-, RI for 10 years with fine of Rs.1,000/-, RI for life with fine of Rs.1,000/-, RI for 10 years with fine of Rs.1,000/- and RI for life with fine of Rs.1,000/- respectively with default stipulations.

2. The prosecution case, in brief, is this that prosecutrix PW-8, who was of age 15 years went missing regarding which a missing report Ex.P- 18 was lodged by Rambai PW-9 on 27.5.2010. Appellant who is the resident of same locality was also found missing. The prosecutrix was found in the house of Khurshid on 19.6.2010. The police recorded her statement under Section 161 of CrPC, in which, she stated that about 7 to 8

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