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2023 Supreme(J&K) 253

ATUL SREEDHARAN, MOHAN LAL
Mohd Maqbool Ganai, S/o. Mohd Anwar Ganai – Appellant
Versus
Union Territory of J&K through SHO Police Station Shopian – Respondent


Advocates Appeared:
For the Appellant : M/S Tahir Ahmad Bhat, Bhat Shafi, Abdul Wakeel Koka.
For the Respondent: Mr. Mubeen Wani, Dy. AG with Ms. Ruheela Khan, Assisting Counsel.

JUDGMENT :

Mohan Lal, J.

1. Instant Criminal Conviction Appeal under Section 374(2) of the Code of Criminal Procedure 1973 (hereinafter referred as the 'Code') is directed by the appellant against the judgment dated 10.10.2022 and order of sentence dated 17.10.2022 rendered by the Court of Ld. Principal Sessions Judge Shopian in file case No.69/2015/Sessions titled State Versus Mohd Maqbool Ganai, whereby, appellant has been convicted for commission of offences in FIR No. 179/2015 of Police Station Shopian under Sections 376 (2)(f)/342/506 RPC and sentenced to rigorous imprisonment of 20 years and fine of Rs. Ten Lacs under Section 376 (f) RPC, and 1 year & 2 years imprisonments under Sections 342 & 506 RPC respectively, the fine amount has been directed to be paid to the victim.

2. Aggrieved of and dissatisfied with the impugned judgment of conviction and order of sentence, appellant has assailed it's legality, propriety and correctness, and has sought it's quashment/setting aside on the following grounds:-

    (i) that the impugned judgment is perverse, based on non-application of mi

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