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2022 Supreme(Chh) 7

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


Advocates:
Advocate Appeared:
For the Appellant : Roop Naik.
For the Respondents: Sunil Otwani, Soumya Rai.

JUDGMENT :

RAJENDRA CHANDRA SINGH SAMANT, J.

1. This appeal has been preferred by the appellants against the judgment of conviction and order of sentence dated 3.4.2017 passed by the Learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985, Raipur, Chhattisgarh in Special Sessions Case No. 43 of 2014, convicting the appellants for the commission of offence under Section 376(d)/34 of the Indian Penal Code (for short ‘IPC’) and sentencing them to undergo imprisonment for life and fine of Rs. 5,000/- each, in default of payment of fine to further undergo rigorous imprisonment for 6 months to each of the appellant.

2. The case of the prosecution, in brief, is that the prosecutrix is mentally unsound person who was living with her mother Uma Bai (PW-1). On 6.10.2014, the prosecutrix was allegedly gang-raped by the appellants. Uma Bai (PW-1) was informed about the incident, who immediately arrived on the spot and saw the appellants fleeing from the spot. The prosecutrix has narrated about the incident to Uma Bai (PW-1), who then lodged the FIR Ex.P/1. On the basis of which, the case has been investigated and the charge-sheet has been filed.

3. Learned

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