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2012 Supreme(Del) 2290

MUKTA GUPTA
Joginder – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner:Mr. Manish Kumar Singh, Advocate.
For the State : Mr. Mukesh Gupta, APP with SI Premvir Singh.

JUDGMENT :

Mukta Gupta, J.

1. By the present appeals the Appellants Joginder, Rajkumar and Brijesh Kumar lay a challenge to the judgment dated 29th July, 2010 convicting them for offences punishable under Section 376(2)(g) IPC and order dated 3rd August, 2010 sentencing them for Rigorous Imprisonment for a period of ten years and a fine of rupees fifty thousand each and in default of payment of fine to further undergo Simple Imprisonment for a period of 2½ years.

2. The prosecution case in a nutshell is that the prosecutrix got recorded a statement on 3rd July, 2000 that she was a student of 9th Class in Sarvodaya Kanya Vidyalaya, Village Nithari and had developed friendship with one ‘S’ s/o Sh. Satpal Singh for the last 2/3 months. They used to meet each other. On 3rd July, 2000 at about 11:30 a.m. ‘S’ met her on the way and made her sit on his bicycle. He took her to Karala Balaji Temple and thereafter forcibly to a vacant house in Sector 22 and committed rape on her against her consent. When she wept, on hearing her sound, three persons aged about 25, 30 and 45 years came there. They asked her the reason of her crying on which she told that ‘S’ committed rape on her forcibly. On th



























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