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2022 Supreme(MP) 439

SATYENDRA KUMAR SINGH
Hemendrasingh S/o Mehtabsingh – Appellant
Versus
State Of Madhya Pradesh Station House Officer Thru. P. S. Sanawad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Nilesh Dave
For the Respondent:Shri Rahul Solanki, Govt. Advocate

JUDGMENT :

Satyendra Kumar Singh, J.

Appellants have preferred these appeals under Section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] being aggrieved by the judgment dated 10.05.2019 passed by the Court of II Additional Sessions Judge, Barwah, West Nimar (MP) in ST No.433/2016, whereby appellant- Hemendra Singh and appellant Ajay have been convicted and sentenced them as follows :-

CONVICTION

 

SENTENCE

Name of Appellants

Section

Act

Imprisonment

Fine

Imprisonment in lieu of fine

Ajay

376(2)(N)(i)

IPC

R.I. For 10 years

2,000/-

4 months

 

5(l)/6

POCSO

 

 

 

Himendra

376(2)(I)

IPC

R.I. For 10 years

2,000/-

4 months

 

3/4

POCSO

 

 

 

2. The prosecution case in brief is as follows:

    (i) on 05.12.2015 minor prosecutrix aged about 15 years made a complaint to the police to the effect that she and appellants- Hemendra and Ajay all are resident of same village- Mehgaon. About four months ago, appellant- Hemendra's wife Ritu who was prosecutrix's neighbour, called the prosecutrix at her

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