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2009 Supreme(Raj) 2275

A.M.KAPADIA, DEO NARAYAN THANVI
Balkaran Singh – Appellant
Versus
State of Rajasthan – Respondent


For the Appellant:Mr. M.K. Garg & Mr. Niranjan Singh, Advocates.
For the Respondent: Mr. K.R. Bishnoi, P.P.

JUDGMENT

1. - The appellant ('the accused' for short) was charged and tried by the learned Special Judge, SC/ST Atrocities Cases, Hanumangarh in Sessions Case No.17 of 2002 for commission of the offences punishable under Sections 366, 376 of the Indian Penal Code ('IPC' for short) and under Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Atrocities Act' for short) on the accusation that on 16.10.2001 at about 4 PM when Shilo d/o Pala Ram, aged about 15 years, who belongs to Scheduled Caste, went to the shop for purchasing household articles, he had forcibly kidnapped her and thereafter committed rape upon her without her will and wish.

2. At the end of the trial, the accused was found guilty of the charge levelled against him therefore vide judgment and order dated 26.04.2005 he was convicted and sentenced as under:

Offence u/s

Sentence

Fine

In default

3(2)(v) SC/ST Act

376 IPC

366 IPC

Life Imprisonment

10 years' R.I.

7 years' R.I.

Rs. 1000

Rs.500

Rs.500

2 months' R.I.

1 month R.I.

1 month R.I.


3. The accused aggrieved by the judgment and order of convi





























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