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2007 Supreme(Del) 974

SHIV NARAYAN DHINGRA
ASHISH KUMAR PAL PRASHANT KUMAR PAL – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mohit Mathur, R.K.SHERAVAT, RICHA KAPOOR

( 1 ) THIS appeal has been preferred against the judgment of the additional Sessions Judge, Karkardooma, Delhi whereby the appellants were convicted under Sections 376/506/342 and 120-B of IPC and against order of sentence whereby the appellants were sentenced to 7 years of R. I. and a fine of rs. 2,000/- each under Section 376 and R. I. for one year each for offence under section 120-B IPC and R. I. for three years each for offence under Section 506 and R. I. for 6 months each for the offence under Section 342 IPC.

( 2 ) BOTH the appellants are real brothers and used to live as tenants in the house of Smt. Santosh Duggal at house no. 26, Shankar Vihar, delhi. Smt. Santosh Duggal was also an accused in this case. However, she died during trial. Km. Priya Jain, who is prosecutrix used to live in the adjoining house i. e. in house no. 24, Shankar Vihar with her parents. She was a student of 10th standard at Riyan International School at the time of incident. 3. The facts leading to registration of this case against the appellants as narrated by the Trial Court are as under:

"kumari Priya Jain is resident of H. No. 24 Shankar Vihar, Delhi. In the year 1994 she was a student of 10th s












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