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1999 Supreme(MP) 192

S.P.KHARE
SUMITRA BAI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
A.P.SHUKLA, S.C.DATTA

S. P. KHARE, J.

( 1 ) APPELLANTS No. 2 to 6 have been convicted under Sections 363 and 366 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of 3 years and 5 years respectively. They have also been sentenced to pay a fine of Rs. 500/- and Rs. 1,000/- each for these offences. Appellant Sumitra Bai and Vijay have been convicted under Section 368 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of 5 years and to a fine of Rs. 1,000/- each.

( 2 ) THE prosecution case is that on 22-8-1985 at about 2. 00 p. m. Sangeeta (P. W. 10) aged about 14 years and a student of Class VIII was reading in her house. She is daughter of Bindasingh (P. W. 7) who was Security Guard in Katkona Colliery. Accused K. Shanker Rao Reddy, Basantram. Shrichand, Ghuran and Anil Kumar Mishra, knocked at the back door of her house. She opened the door. They told her that accused Sumitra was calling her. Sangeeta (P. W. 10) used to treat accused Sumitra, as her sister. Sangeeta (P. W. 10) went with them towards the house of accused Sumitra. In the way, accused K. Shanker Rao Reddy remarked why she was living with her poor father. He also represented that he would




















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