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2023 Supreme(Chh) 342

SANJAY KUMAR JAISWAL
Santosh Yadav S/o Mangata Yadav – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manoj Paranjpe, Prasoon Agrawal.
For the Respondent: Sanjay Pathak.

JUDGMENT :

SANJAY KUMAR JAISWAL, J.

1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 29.11.2003 passed by the learned Sessions Judge, Durg, District Durg (C.G.) in Sessions Trial No. 102 of 2003 whereby, the learned Sessions Judge, convicted the appellants and sentenced them as under:

Name of appellant

Conviction

Sentence

Appellant No. 1 Santosh Yadav

Under Section 363 of Indian Penal Code, 1860

Rigorous imprisonment for 2 years and fine of Rs. 50/- in default of payment of fine amount, additional rigorous imprisonment for 1 month.

Appellant No. 2 Chhotu @ Jai Singh

Under Section 363/34 of Indian Penal Code, 1860

Rigorous imprisonment for 2 years and fine of Rs. 50/- in default of payment of fine amount, additional rigorous imprisonment for 1 month.

2. The case of the prosecution is that on 31.01.2003, on the pretext of marriage, appellant No. 1-Santosh Yadav took the minor prosecutrix (PW-4) in a train from Durg Railway Station to the house of co-accused/Sagar at Tatanagar, in which

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