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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1016 of 1997

PETITIONER:

Aman Kumar and Anr.

RESPONDENT:

State of Haryana

DATE OF JUDGMENT: 10/02/2004

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT.

JUDGMENT:

JUDGMENT

ARIJIT PASAYAT,J

Two appellants faced trial for having allegedly

committed rape on a girl of tender age whose name need not

be indicated and she can be described as the victim or the

prosecutrix. The trial Court found the accused persons

guilty of offence punishable under Section 376 (2)(g) of the

Indian Penal Code, 1860 (in short the ’IPC’). They were each

sentenced to undergo imprisonment for 10 years and to pay a

fine of Rs.500/-each with default stipulation. In appeal,

the conviction and sentence were upheld.

Prosecution version in a nutshell is that on 5.8.1993

the prosecutrix had gone to the field to ease herself at

about 10.00 a.m. When she had reached near the field, the

accused persons caught hold of her right arm and dragged her

forcibly to the field. Accused Shiv Dayal shut her mouth

with her chuni and both the accused persons thereafter

forcibly raped her. They threatened to kill her if she told

abo