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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Appeal No. 806 of 2001

(Old No. 297 of 2000)

1. Om Prakash

S/o Shri Babu lal

R/o village Jule

P.S Sahaspur

Dist Dehradun

2. Pappu

S/o Shri Ram Chandra

R/o Village Etanbagh

Hurbutpur, P. S

Vikas Nagar, Dist Dehradun

...........Appellants(In jail)

Versus

State of U.P (now State of Uttarakhand)

…..................Respondent

Ms. Geeta Parihar Advocate, Amicus Curiae for appellants.

Shri P.S.Bohara, Brief Holder, for the State.

Coram: Hon’ble Prafulla C. Pant, J.

Hon'ble Sudhanshu Dhulia, J.

Oral: Hon'ble Prafulla C.Pant, J.

This appeal, preferred under section 374 of Code of

Criminal Procedure, 1973, (for short Cr.P.C), is directed

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against the judgment and order dated 27.01.2000, passed

by IInd Additional Sessions Judge, Dehradun, in Special

Sessions Trial No. 12 of 1998, whereby said court has

convicted the appellants namely Om Prakash and Pappu

under section 376 (2) (g) of Indian Penal Code, 1860,

(for short I.P.C.) and under section 3 (2) ( V) of

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989. Each of the convicts is sentenced

to rigor