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2018 Supreme(Jhk) 1666

KAILASH PRASAD DEO
Rozan Mian @ Rojna Mian, son of late Sahadat Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mr. Sunil Kumar, Advocate
For the Respondent: Mrs. Laxmi Murmu, Additional Public Prosecutor

JUDGMENT :

The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 03.09.2004, passed by learned 1st Additional Sessions Judge-cum-Special Judge, Gumla, in Sessions Trial No. 16 of 2000, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 366 (A) and 376 of the Indian Penal Code and Section 3 (i) (xii) of the Schedule Caste and Schedule Tribe (Prevention of Attrocities) Act, 1989. The appellant has been awarded rigorous imprisonment for seven years with a fine of Rs. 1000/- each separately for the offence committed and punishable under Sections 366 (A) and 376 of the Indian Penal Code and has further been awarded rigorous imprisonment for five years with a fine of Rs. 1000/- for offence committed and punishable under Section 3 (i) (xii) of the Schedule Caste and Schedule Tribe (Prevention of Attrocities Act), 1989. However, in case of default in payment of fine, the appellant shall further undergo rigorous imprisonment for one year. All the sentences are directed to run consecutively.

2. The prosecution case is based upon the complaint petition filed by Tarsisiya Khalkho (P.W






















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