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2023 Supreme(J&K) 491

SANJAY DHAR
Mohi-Ud-Din Dar – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
For the Appellants : Mr. N.A. Tabasum.
For the Respondents: Mr. Sajad Ashraf.

JUDGMENT :

1. The appellants have called into question judgment dated 22.11.2006, passed by learned Sessions Judge, Kupwara, whereby they have been convicted for offences under Section 366 and Section 376(2)(g) of RPC and sentenced to undergo rigorous imprisonment of ten years and a fine of Rs.3,000/ for having committed offence under Section 376(2)(g) of RPC and for rigorous imprisonment of two years for having committed offence under Section 366 RPC. In default of payment of fine, the appellants have been directed to undergo further imprisonment of six moths.

2. Briefly stated, the case of the prosecution is that on 27.02.1989, the prosecutrix accompanied her blind mother for treatment to Handwara hospital and on their return, they went to purchase certain articles from a shop where the appellants were also sitting. The prosecutrix asked the appellants the address of the house of one Ghulam Rasool, Forester, as in the event of the prosecutrix and her mother not getting bus to their destination, they intended to stay in the house of said Ghulam Rasool. One of the appellants introduced himself as brother of said Ghulam Rasool, Forester, whereafter the appellants offered the prosecu

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