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2002 Supreme(MP) 580

AJIT SINGH
HALLA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
S.K.GANGARADE, Samim Ahmed Khan

AJIT SINGH, J.

( 1 ) APPELLANT Halla, the sole accused person in this case, has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 18 months by the Sessions Judge, Chhatarpur, vide judgment dated 16-12-1989 in Sessions Trial No. 12/89. The appellant has been found guilty of committing an offence of rape on Mst. Shakun Bai, on 16-11-1988 at about 8. 00 a. m. in her cattle house situated at her field, commonly known as "bandhwa Khet" which is about one kilometer from her residential house. Notice for enhancement of sentence was given to the appellant by this Court on 7-2-1990.

( 2 ) BRIEFLY stated the facts giving rise to this appeal are as under :- prosecutrix Shakun Bai (PW 8), appellant Halla and the material witnesses belong to village, Dargwan, within the limit of Satai Police Station in Chhatarpur district. Shakun Bai (PW 8) was married to one Ramdas of another village about two years prior to the date of incident and had come to her parents' place at the time of incident. According to Shakun Bai (PW 8), on 16-11-1988, at about 8. 00 a. m. as she was about to milk her cow in her cattle house, the appellant suddenly came i

















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