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1994 Supreme(Raj) 808

N.C.KOCHHAR
Prahlad – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This judgment will also dispose of S.B. Cr. Jail Appeal No. 198/93 "Prahlad Vs. State of Rajasthan ", filed by Prahlad- appellant No. 1 of this appeal, through jail against the impugned judgment dated 10.3.1993 passed by the learned Additional Sessions Judge No. 3, Kota in Sessions Case No. 197/92.

2. The appellants Prahlad and Mohan were tried in case FIR No. 21/89 of Police Station Sangod District Kota and were convicted under clause (g) of sub-section (2) of section 376 Indian Penal Code and each one of them has been sentenced by the learned Additional Sessions Judge No. 3 Kota to undergo rigorous imprisonment for a period 10 years and also to pay a fine of Rs. 1,000/- -or, in default of payment of fine to undergo further rigorous imprisonment for a further period of 6 months. The prosecution story was as under:

3. On 20.2.1989, PW-1 Sumitra and Chanda (not examined) had gone to work in the fields and when they were returning from their work at about 6.00 P.M. and had reached near the Government tubewell, the appellants met them and asked them to accompany them inside the fields. On their refusal to do so, Prahlad caught hold of Sumitra and Mohan caught hold of Chan








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