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2020 Supreme(Raj) 96

SANDEEP MEHTA
Prakash Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Ravi Bhansali, Sr. Advocate assisted by Vipul Dharnia
For the Respondent: Anees Bhurat, PP

JUDGMENT :

Sandeep Mehta, J.

1. The instant appeal under Section 374(2) Cr.P.C. has been preferred by the accused-appellants herein being aggrieved of the judgment dated 01.12.1992 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Sessions Case No. 44/90 whereby the appellants were convicted and sentenced as below:-

Offence Under Section

Imprisonment

Fine

Sentence in default of fine

376 IPC

2 Years' RI

Rs. 100/-

1 Month's SI

366 IPC

1 Year's RI

Rs. 100/-

1 Month's SI

2. Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow:-

The oral report of the incident (which was surprisingly not exhibited by the prosecution and was rather exhibited by the defence as Ex. D/3) came to be lodged by the first informant Mst. 'S' at the Police Station Gogunda on 23.02.1987 at 5:00 pm wherein the prosecutrix alleged that a couple of days earlier, she had gone to Village Gogunda to purchase bangles. After having purchased bangles, she started for the village Obra. O

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