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Judgment
Accused,Conviction,Sentence
Rupesh Kumar, Ashok Kumar &
Krishna Kadra",U/s 376 (2) (g) IPC,"RI for 20 years with fine of Rs. 100/-
plus default stipulation
Smt. Sonkunwar,"U/s 376 (2) (g) read with 109 and 114
IPC","RI for 20 years with fine of Rs. 100/-
plus default stipulation
has utterly failed to prove its case beyond reasonable doubt as to who subjected the prosecutrix to forcible sexual intercourse. This being the position,",,
accused Sonkunwar in whose house the incident is said to have taken place is also out of this ugly scene and no offence is made out against her. Her,,
evidence also shows that the house where the incident took place was surrounded by many other houses and the voice raised at one end could be,,
heard at the other, but surprisingly the incident went un-noticed even by the neighboures which also creates a strong doubt in the mind of this Court as",,
to any such occurrence. The Court below appears to have totally misdirected itself in convicting the accused/appellants for make the prosecutrix the,,
victim of their lust even in the absence of any such evidence.,,
Accordingly, the appeals are allowed, the judgment impugned is set aside and the accused/appellants are acquitted of the charge levelled against",,
them. They being in jail are directed to be released forthwith if not required in any other case.,,