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2021 Supreme(All) 171

K.J.THAKER, GAUTAM CHOWDHARY
Jaipal Batham – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Shaielndra Singh Rathore, Ambrish Kumar Kashyap, Janmed Kumar, S.K. Tripathi.
For the Respondent:Govt. Advocate.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. By way of this appeal, the appellant has challenged the Judgment and order dated 19.10.2011 passed by Special Judge (SC/ST Act), Kannauj in Special Sessions Trial No.48 of 2006 titled (State vs. Ram Rataan Batham and another) arising out of Case Crime No.1133 of 2005 for commission of offences under Sections 363, 366, 376 Indian Penal Code & 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989, (herein after to be referred as 'SC/ST Act') Police Station-Kannauj, District-Kannauj, whereby the accused-appellant was convicted and sentenced for three years rigorous imprisonment for the offence committed under Section 363 IPC read with Section 3(2) (v); for five years rigorous imprisonment and fine of Rs.1,000/- for the offence under Section 366 IPC read with Section 3 (2) (v) in default of payment of fine, one month additional rigorous imprisonment; for life imprisonment and fine of Rs.5,000/- for the offence under Section 376 IPC read with Section 3 (2) (v) of SC/ST Act and in default of payment of fine, o

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