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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajeev Gupta, J
John and Others v. State of M.P.
| Table of Content |
|---|
| 1. details of the crime charges and context. (Para 1 , 2) |
| 2. witness statements and prosecution's evidence. (Para 3 , 8) |
| 3. judicial review of the lower court's conviction. (Para 4 , 5) |
| 4. arguments and inconsistencies in the prosecutrix's accounts. (Para 6 , 7 , 9) |
| 5. conclusion and ruling by the court. (Para 10) |
1. Since the aforementioned two appeals arise out of the same judgment and order dated 27-8-1996 passed by Additional Sessions Judge Durg, in Sessions Trial No. 281/1995 convicting the accused / appellants under S.376 (2) (g), IPC and sentencing each of them to undergo rigorous imprisonment for ten years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months, they are disposed of by this common judgment.
2. Case of the prosecution in brief is that on 30-3-1994 FIR Ext. P3 was lodged by the prosecutrix (PW 4 - A) aged about 14 years at the relevant time alleging that on 29-3-1994 at about 8 p.m. when she was returning after answering the call of nature from behind the fences of one Jhaduram, accused / appellant Bhagat came there, caught hold of her hand, asked her to accompany him to a nearby barren fie
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