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2023 Supreme(Chh) 519

GOUTAM BHADURI, SANJAY S. AGRAWAL
Bablu @ Baburali Mandal S/o Noor Islam Mandal – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.K. Saxena.
For the Respondent: Arijit Tiwari.

JUDGMENT :

SANJAY S. AGRAWAL, J.

1. This appeal has been preferred by the accused under Section 374 (2) of the Code of Criminal Procedure, 1973(for short ‘the Cr.P.C.’) against the judgment of conviction and order of sentence dated 31.01.2020, passed by the Special Judge [constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)] Act, 1989 (herein after referred to as ‘the Atrocities Act’) in Special Criminal Case No. 19/2019, whereby, the appellant has been convicted and sentenced as under:

CONVICTION

SENTENCES

U/s 363 of IPC

R.I. for 3 years and fine of Rs. 5,000/-

U/s 366 of IPC

R.I. for 5 years and fine of Rs. 5,000/-

U/s 376(2)¼<½ of IPC

R.I. for 10 years and fine of Rs. 10,000/-

376(3) of IPC

R.I. for 20 years and fine of Rs.50,000/-

In default of payment of fine R.I. for 1-1 year, in each offence. The sentences were directed to run concurrently.

2. Briefly stated the facts of the case are that on 10.03.2018, a written report was lodged by the prosecutrix’s father before the Police Station, Antagrh, alleging inter-ali

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