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2015 Supreme(Raj) 576

MOHAMMAD RAFIQ, PRAKASH GUPTA
Naresh @ Tekchand @ Sumit – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


Advocates Appeared:
Shri Rajesh Kala, counsel for appellant
Shri R.S. Raghav, Public Prosecutor, for State
Shri Gurvinder Singh, counsel for complainant

ORDER

Mohammad Rafiq, J.

1. This appeal is directed against judgment dated 27.02.2008 passed by the Additional Sessions Judge (Fast Track), Kotputli, District Jaipur, in Sessions Case No.21/2007 (24/2006), whereunder accused-appellant Naresh @ Tekchand @ Sumit, has been convicted for offence under Sections 364A, 302 and 201 IPC. For offence under Section 201 IPC, he has been sentenced to undergo seven years rigorous imprisonment with fine of Rs.1000/-; in default of payment of fine, to further undergo three months imprisonment. For offence under Section 364A IPC, he has been sentenced to undergo life imprisonment and fine of Rs.4000/-; in default whereof, to further undergo two months imprisonment. For offence under Section 302 IPC, he has been sentenced to undergo life imprisonment and fine of Rs.5000/-; in default whereof, to further undergo two months imprisonment. All the aforesaid substantive sentences were ordered to run concurrently.

2. Facts of the case, in brief, are that a written report (Exhibit P-44) was submitted by one Hari Prasad Arora (PW-38) to Jhabbu Ram (PW-42), Station House Officer, Police Station Kotputli, at about 11.30 PM on 19.05.2005 stating therein that his
























































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