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1999 Supreme(Online)(MP) 3

MADHYA PRADESH HIGH COURT
R.K. Koutilya, J
Miyanlal – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Satish Pateriya
For the Respondents: P. D. Gupta

1. In these three appeals from jail, the accused - appellants have called the question the defensibility of the judgment passed in S.T. No. 231/96 by the learned First Additional Sessions Judge, Chhindwara. The accused - Miyanlal and Faggu have been found guilty for offences punishable under S.363, S.366 and S.376(2)(g) of the Indian Penal Code (in short 'the IPC') and have been sentenced to undergo rigorous imprisonment for a period of three years for the offence punishable under S. 363, I.P.C.; for five years under S. 366, IPC; and for a period of ten years for the offence punishable under S. 376(2)(g), IPC and to a fine of Rs. 100/- each, in default, to suffer rigorous imprisonment for one month. There is a direction for concurrent running of sentences. The accused - appellant Pyarelal has been sentenced to rigorous imprisonment for a period of three years under S. 363, IPC and five years for the offence punishable under S. 366, IPC with a stipulation that both the sentences would run concurrently.

2. The prosecution case, in brief, is that on 26-6-1996 the accused persons caught hold of the prosecutrix and took her to a 'Nala.' On the way Pyarelal left the other accused person




















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