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2007 Supreme(All) 2056

IMTIYAZ MURTAZA, A.K.ROOPANWAL
BACHCHA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Vijay Bahadur Shivhare for the Appellant; M.S. Yadav, A.G.A. for the Opposite Party.

JUDGMENT

Hon’ble A.K. Roopanwal, J.—The present appellant faced trial in S.T. No. 205/1996 for having allegedly committed rape on the girl of tender age whose name need not be indicated and she can be described as the victim or prosecutrix. The Special Judge, S.C./S.T. Act, Hamirpur found the appellant guilty of offences punishable under Sections 376 read with Section 511, I.P.C. and Section 3 (2) (v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the S.C./S.T. Act). He was sentenced to 10 years R.I. under Section 376/511, I.P.C. and a fine of Rs. 2,500/- and life imprisonment under Section 3 (2) (v) of S.C./S.T. Act alongwith fine of Rs. 2,500/-. All the imprisonments were made to run concurrently.

2. The prosecution version in a nutshell is that on 16.6.1996 at about 4.00 p.m. the prosecutrix was playing with his brother Jai Narain in front of her house. The appellant came there and enticed her away to his house and closed the door. After sometime the cries of the girl were heard by Jai Narain who told this fact to the complainant who alongwith Bhagwan Das, Khem Chand and Pramod reached at the house of the appellant. As the d








































































































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