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2023 Supreme(Chh) 102

NARENDRA KUMAR VYAS
Thakur Ram Gond, S/o. Devcharan – Appellant
Versus
State Of Chhattisgarh through P. S. Premnagar District Surguja, C. G. – Respondent


Advocates Appeared:
For the Appellants : Mr. A.P. Prasad.
For the Respondent: Ms. Abhyunnati Singh.

JUDGMENT :

1. The appellants by way of this appeal have challenged the judgment of conviction dated 28.08.2002 passed by the Fifth Additional Sessions Judge (FTC), Surajpur District Surguja (C.G.) in Sessions Trial No. 417/1996 whereby and whereunder, they have been convicted and sentenced as under :-

Conviction U/s.

Sentence RI.

Fine

In default of payment of fine

366 of the Indian Penal Code

4 Years

__

__

2. In brief, the prosecution story is that the prosecutrix on the date of incident was a student of class 8th and her age was below 16 years, Before the date of incident the accused appellant – Thakur used to visit her house to seduce her on the pretext of marriage and providing service at Balwadi. On the date of incident appellant No. 1 along with appellant No. 2 after seducing the prosecutrix has taken her to the house of Dakhal Sai on the moped where he has committed rape on her for 12 days. The uncle of the prosecutrix PW-7 had searched her in the village, thereafter, he informed to father of the prosecutrix PW-1 about the incident. Then it was revealed th

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