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2024 Supreme(Chh) 290

SANJAY KUMAR JAISWAL
Shatrudhan Pardhi, S/o. Garib Pardhi – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant : Ms. Bharat Lal Sahu, Adv.
For the Respondent: Mr. Tarkeshwar Nande, Panel Lawyer.

JUDGMENT :

1. This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 23-04-2001, passed by the Special Judge of Special Court Raipur (C.G.) under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Sessions Trial No.297/2000, whereby the appellant-accused has been convicted and sentenced as under:-

Conviction

Sentence

U/s 363 of the IPC

R.I. for 3 years and fine of Rs.500/-, in default of payment of fine, further R.I. for 1 month.

U/s 366 of the IPC

R.I. for 4 years and fine of Rs.500/-, in default of payment of fine, further R.I. for 1 month.

U/s 376 of the IPC

R.I. for 7 years and fine of Rs.1000/-, in default of payment of fine, further R.I. for 2 months.

All the sentences are directed to run concurrently.

2. The prosecution case in brief is that both the parties are residents of same village-Devgaon. In the intervening night of 23rd and 24th of June, 2000, the appellant went to the house of the prosecutrix (PW-5) who was below 16 years of age and took the prosecutrix to Bangolibhata and from there in a taxi

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