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2005 Supreme(All) 2061

IRSHAD HUSSAIN
RINKOO ALIAS KISHAN LAL – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
A.S.PAL, AMIT BHATT, Anurag Bisaria, J.C.Gupta, Mridul Kumar Rakesh, RAMJI SRIVASTAVA, Vinod Sharma,

IRSHAD HUSSAIN, J.

Both these accused stand convicted and sentenced to undergo R. I. for three years and fine of Rs. 5,000/- under Section 452 I. P. C. ; three years R. I. and fine of Rs. 5,000/- under Section 363/ 511 I. P. C. ; three years R. I. and fine of Rs. 5,000/- under Section 363 I. P. C. ; seven years R. I. and fine of Rs. 10,000/ - under Section 366 I. P. C. ; one years R. I. under Section 506 I. P. C. and im prisonment for life and fine of Rs. 50,000/- each under Section 376 I. P. C. and in default of payment of fine to further undergo R. I. for a period of 1/3rd of the period of sentence awarded on each count, per judgment dated 30-8-2000 passed by the Additional Ses sions Judge, Dehradun in sessions trial no. 73/ 1999. The sentences were di rected to run concurrently and it was further directed that on realization of fine, a sum of Rs. 80,000/- shall be paid as compensation to the victim of the rape.

2. The facts of the case may be briefly stated as under :

Both the accused aged about 18-19 years are residents of village Harbhajanwala of P. S. Kotwali, Dehradun. Their village is situate near village Solabeegha, Patti Mehuwala within the circle of Police Reporting Out P
















































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