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2012 Supreme(P&H) 880

JASBIR SINGH, RAKESH KUMAR JAIN
Papender @ Shish Pal – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. G.C. Shahpuri, Advocate.
Mr. Pardeep Singh Poonia, Addl. A.G. Haryana.

JUDGMENT

Mr. Rakesh Kumar Jain, J.: - The trial Court has convicted the appellant for offence under Section 376 read with Section 506 of the Indian Penal Code, 1860 (for short ‘the Act’) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC & ST Act’), and sentenced as under:

Under Section 376 IPC Rigorous Imprisonment for a period of seven years and fine of Rs.10,000/-. In default of payment of fine to undergo RI for a period of one year;

Under Section 506 IPC Rigorous Imprisonment for a period of three years and fine of Rs.5,000/-. In default of payment of fine to undergo RI for a period of six months; and

Under Section 3(2)(v) of SC & ST Act Imprisonment for life and fine of Rs.20,000/-. In default of payment of fine to undergo RI for a period of one and a half years.

2. On the formal complaint (Ex.PA) lodged by Resham wife of Mohan Lal, Ruqa (EX.PA/2) was sent and FIR (EX.P/A1) was registered in which it was alleged that on 13.8.2008 at 12.00 noon, the victim had gone to the mountains for collecting vegetables (Karela/ bitter gourd), when Bhupinder @ Papender s/o Indraj caste Gujjar resident of Abheypur (appel























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