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2013 Supreme(Raj) 705

GOVIND MATHUR, BANWARI LAL SHARMA
Subhan Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:M.K. Garg, Advocate.
For the State: A.R. Nikub, Public Prosecutor.

JUDGMENT

1. - This appeal is directed against the judgment dated 20.11.2004 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu in Special Sessions Case No. 51/2003 recording conviction of accused-appellant for the offences punishable under Sections 323, 376(1) I.P.C. read with Section 3 (2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and awarding sentence as under :

323 I.P.C.

One month's rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo 15 days' additional rigorous imprisonment.

376(1) I.P.C.

Imprisonment for life and a fine of Rs. 1000/- in default of payment of fine further to undergo six months' additional rigorous imprisonment.

3(2)(v) SC/ST

Imprisonment for life and a fine of Rs. 1000/- (Prevention of in default of payment of fine further to Atrocities) Act, undergo six months' additional rigorous 1989 imprisonment.

All the sentences were ordered to run concurrently.

2. Briefly stated, facts of the case are that on 23.9.2003 at about 9:00 pm one Shri Chandra Ram Meghwal orally reported at Police Station, Ratangarh about commission of rape wit
























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