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2020 Supreme(All) 837

RAMESH SINHA, SAURABH SHYAM SHAMSHERY
Gurpreet alias Sodi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Devendra Saini, Dharmendra Singhal, Gaurav Kakkar, Govind Saran Hajela, Nafees Ahmad, Noor Mohammad, Rajeev Pandey, Vinay Kumar Sharma.
For the Respondent: P.S. Pundir.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Appellant-Gurpreet alias Sodi (in Criminal Appeal No. 6966 of 2010) and appellant- Balbindra alias Bagga (in Criminal Appeal No. 7153 of 2010) have preferred present appeals under Section 374(2) of Criminal Procedure Code (hereinafter referred to as Cr.P.C.) challenging the judgment and order dated 19.10.2010 passed by Additional Session Judge, Room No. 7, Saharanpur in Session Trial No. 87 of 2010 (State vs. Gurpreet alias Sodi and Others), whereby appellants were convicted under Section 376(2)g IPC and sentenced for rigorous imprisonment for life with fine of Rs. 20,000/- each and in case of default, one year rigorous imprisonment. Appellant-Gurpreet alias Sodi was also convicted under Section 506(2) IPC and sentenced for three years rigorous imprisonment with fine of Rs. 3000/- and in case of default, six months rigorous imprisonment.

2. Prosecution Story:

    2.1 Ram Kumar (PW-1), father of victim (PW-2), (name of the victim is withheld in compliance with the ratio of Bhupinder Sharma vs. State of Himachal Pradesh, (2003) 8 SCC 551, lodged a written report (Exhibit Ka-1) at Police Station Kotwali Nakud, District Saharanpur on 11.06.2009 at 18.2

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