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2017 Supreme(All) 2152

AMAR SINGH CHAUHAN
MAHENDRA PRAJAPATI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Prashant Vyas, Amit Saxena, Bharat Bhushan Paul, D.M. Singh, Dwivedi S.C., Ekansh Verma, G.S. Chaturvedi, M.C. Chaturvedi, Prashant Kumar and Yogesh Srivastava for the Appellant; A.G.A. for the Respondent.

JUDGMENT :

Amar Singh Chauhan, J.

Challenge in this appeal is to the judgement and order dated 06.10.2010, passed by learned Sessions Judge, Jhansi in Session Trial No. 87 of 2008 (State of U.P. vs. Mahendra Prajapathi) whereby the accused-appellant Mahendra Prajapati was convicted and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 50,000/- for the offence of rape under section 376 of the Indian Penal Code, committed on 05.11.2006 with default stipulation and was also further convicted and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 50,000/- for the offence of rape, committed on 12.11.2006, under section 376 of the Indian Penal Code with default stipulation. Appellant Mahendra Prajapati is also convicted and sentenced to undergo rigorous imprisonment for one year for the offence under section 506 of the Indian Penal Code. All the sentences shall run consecutively to wit one after the other. Out of the fine, so deposited, 50% shall be paid to the victim as compensation.

2. In short compass the facts giving rise to the present appeal are that on 05.11.2006 the victim was going to visit to the house of her friend, namely, Hone













































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