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2004 Supreme(Raj) 1438

KHEM CHAND SHARMA
Pappu @ Ranveer Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Accused -Appellants:V.R. Bajwa, Advocate.
For the Party: Rajendra Yadav, Public Prosecutor.

JUDGMENT

1. - This criminal appeal arises out of the judgment and order dated 8.10.1999 passed by the learned Sessions Judge, Jhunjhunu holding the appellants, guilty of having committed rape on a minor girl and according convicting the appellants under Section 376(2) IPC and sentencing each of them to undergo ten years' rigorous imprisonment with a fine of Rs. 10000/- each, in default thereof, each of the appellant was to undergo two years' rigorous imprisonment.

2. On 16.6.1992, the police recorded parcha Bayan, Ex.P. 4 of Kumari Munni (hereinafter to be called as "the prosecutrix") aged about 10 10-11 years in the BDK Hospital, Jhunjhunu. The prosecutrix stated that on the day of incident she left her house for the purposes of grazing the goats. While she was busy in grazing the goats, the goats went inside the flied of one Norang Ram. In order to get back her goats she went to the said field. In the mean time, the accused appellants who were already present there, caught her hand and started dragging her towards Khudi. When she tried to raise an alarm, appellant Arjun put his hand on her mouth. On reaching Khudi, the accused Pappu made her to fall on the ground, over powered her




















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