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2022 Supreme(Raj) 1052

PUSHPENDRA SINGH BHATI
Jora Ram – Appellant
Versus
State – Respondent


Advocates appeared:
Jaipal Singh, Amicus Curiae, for the Appellant
A.R. Choudhary, PP, for the Respondents

JUDGMENT

Pushpendra Singh Bhati, J. - This criminal appeal under Section 374 (2) Cr.P.C. has been preferred claiming the following reliefs:

      "It is, therefore, respectfully prayed that the appeal may kindly be allowed and the impugned judgment dated 28.8.93 passed by the learned Addl. Sessions Judge, Barmer may kindly be quashed and set aside and the accused-appellant may kindly be acquitted of the offences under Section 376 and 323 IPC."

      2. The matter pertains to an incident which occurred in the year 1991 and the present appeal has been pending since the year 1993.

      3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 28.08.1993, passed by the learned Additional Sessions Judge, Barmer in Sessions Case No. 96/1991, whereby the appellant was convicted for the offences under Sections 323 & 376 IPC; under Section 323 IPC, the appellant was sentenced to undergo six months' R.I. and a fine of Rs. 500/-, in default of payment of which he was ordered to further undergo two months' S.I.; under Section 376 IPC, the appellant was sentenced to undergo seven years' R.I. and a fine of Rs. 1000/-, in default of payment of which

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