2008 Supreme(Raj) 1693
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Shiv Kumar Sharma, J.
Vijay Kumar & others - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal Nos. 204 of 2005 and 246 of 2005.
Decided On : 11-03-2008
For the Appellants:Amit Singh Shekhawat, Advocate.
For the State: Ashwini Sharma, Public Prosecutor.
Headnote:Indian Penal Code, 1860 – S. 120B, 363, 366, 366A, 368 and 376 – Appeal was filed against conviction. It was proved that prosecutrix was trapped in love and physically exploited by taking her away by V. Offences against V under – S. 366 and 376 were sustained. Prosecutrix’s was only 15 years in age thus her consent is not material. The high court upheld the conviction but reduced the sentence from 7 to 5 years and imposed a fine of Rs. 1000/. The high court partly allowed the appeal and acquitted rest of the accused.
Vijay Kumar :
U/s. 376 IPC:
To suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months.
U/s. 366 IPC :
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 366A IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 363 IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 120-B IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
Shri Ram, Amina and Kumari Reena :
U/s. 368 IPC :
All to suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 120-B IPC:
All to suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
Salim Mohammad :
U/s. 366 IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 366A IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 363 IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
U/s. 120-B IPC:
To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.
The substantive sentences were ordered to run concurrently.