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2016 Supreme(Raj) 98

MOHAMMAD RAFIQ, VIJAY KUMAR VYAS
SUNIL PANCHAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
For the appellant : Mr. V.R. Bajwa, Sunil Panchal ( In Appeal No. 151/2007), Mr. Asgar Khan with Mr. Imran Khan, for the appellant-Arif Khan (In Appeal No. 282/2007), Advs.
For the Respondent:Mr. Rinesh Gupta on behalf of Mr. A.K. Gupta, Advocate
For the State : Ms. Sonia Shandilya and Mr. Aladeen Khan, Public Prosecutor, Advs.

JUDGMENT :

MOHAMMAD RAFIQ, J.

      These two appeals are directed against the common judgment dated 21.12.2006 passed by Additional Sessions Judge (Fast Track) No. 1, Kota (for short ‘the trial court’) whereby the trail court convicted the accused-appellants for offences under Sections 120-B, 364-A and 302 IPC and sentenced each of them as under:

Section 120-B IPC: Imprisonment for life with fine of Rs. 1,000/-, in default whereof, to further undergo one month’s rigorous imprisonment. Section 364-A IPC: Imprisonment for life with fine of Rs. 3,000/-, in default whereof, to further undergo two months’ rigorous imprisonment.

Section 302 IPC: Imprisonment for life with fine of Rs. 5,000/-, in default whereof, to further undergo three months’ rigorous imprisonment.

Factual matrix of the case is that complainant Subrato Mukherjee (P.W.3) submitted a written report (Exhibit P-9) to S.H.O., Police Station Vigyan Nagar, Kota on 11.03.2005 inter alia alleging therein that his son Abhishek @ Akash aged nine years, who was student of Class III, had gone for playing with his friends at 5.30 P.M. on 10.03.2005 and did not return back. The police, on that basis, registered a missing person report

























































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