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2023 Supreme(SC) 1034

ABHAY S. OKA, PANKAJ MITHAL
State of Rajasthan – Appellant
Versus
Gautam S/o Mohanlal – Respondent


Advocates appeared:
For the Petitioner(s): Dr. Manish Singhvi, Sr. Adv. Ms. Shubhangi Agarwal, Adv. Mr. Apurv S., Adv. Mr. Milind Kumar, AOR
For the Respondent(s): Mr. Rakesh Garg, Adv. Mr. Ashish Gopal Garg, Adv. Ms. Shweta Garg, AOR

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted.

FACTUAL ASPECTS

2. This is a case which shocks the conscience of the Court.

The only issue in this case is regarding the enhancement of the sentence imposed on the respondent–accused.

3. As the issue is confined to the quantum of sentence, it is not necessary for us to go into the correctness of the finding of guilt recorded by the Trial Court and the High Court of Judicature for Rajasthan. As far as the factual details are concerned, we are reproducing the facts set out in the impugned judgment, which read thus:

    “.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. The material facts briefly leading to filing of the appeal are required to be noted. Complainant Rakesh (PW3) submitted a written report (Ex.P4) before SHO, Police Station Udyog Nagar, Kota on 8.5.2014 stating therein that he and his wife Smt.Kajod were residing at Suryanagar in the house of Chittar Lal as tenant. Gautam Harizan was also residing in the same house as tenant. They both used to attend to their respective jobs. They were having a daughter and a son. The elder was daughter aged 5 years and younger was son aged about two and half years. He further stated


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