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2002 Supreme(Raj) 1956

O.P.BISHNOI
Jeeva Ram Rebari – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Suresh Kumbhat, Advocate.
For the Public Prosecutor:K.R. Bishnoi, Advocate.

JUDGMENT

1. - This appeal has been filed by the accused against a judgment dated 6.2.99 delivered by the learned Addl. Sessions Judge, Bali (Distt. Pali) whereby the accused was found guilty for the offences under Sections 366 and 376 of the IPC. For the offence under Section 366 of the IPC he has been awarded rigorous imprisonment for five years and a fine of Is. 1,000/-. For the offence under Section 376 IPC, 7 years' rigorous imprisonment and a fine of Rs. 1,000/- has been awarded. For non-payment of fine, additional simple imprisonment for three months has been awarded on both the counts.

2. The FIR Ex.P/5 was lodged on 1.7.95 by PW-10 Kheti, who happens to be the maternal uncle of the prosecutrix Smt. Kaniya (PW-6). According to the FIR some 17-18 days prior to the lodging of the FIR Smt. Kaniya disappeared from village Khimara. Her mother PW-3 Smt. Nenu informed the said Kheti and during search, PW-1 Sher Singh gave the information that he had seen Smt. Kaniya going with the appellant and two other persons. A search was made for Jeevaram who was found absent from his village and it was discovered that Jeevaram had gone to somewhere in Madhya Pradesh. A Panchayat was convened b










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