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2024 Supreme(Chh) 163

SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Lalit, S/o Shri Ramayan Kenwat – Appellant
Versus
State of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan, District Janjgir - Champa Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ajeet Kumar Yadav, Adv.
For the Respondent/State: Mr. H.A.P.S. Bhatia, P.L.

JUDGMENT :

Sanjay Kumar Jaiswal, J.

1. This criminal appeal filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 24.08.2017 passed by the Additional Sessions Judge, F.T.C. Janjgir, District Janjgir-Champa, Chhattisgarh in Sessions Trial No.181 of 2015, whereby the appellants have been convicted under Section 376D of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.20,000/- to each of the appellants, in default of payment of fine, additional rigorous imprisonment for 6 months to each of the appellants.

2. Under the impugned judgment in question, appellants were acquitted by the trial Court for the offence punishable under Section 67A of the Information Technology Act, 2000 (hereinafter referred to as “I.T. Act”).

3. The allegations against the present appellants are that, on 10.07.2015, at about 2:15 PM in Village Devarghata within the ambit of Police Station Shivrinarayan, District Janjgir-Champa, they have committed gang-rape with the prosecutr

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