HANUMAN PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these appeals, challenge is to the judgment of a learned Single Judge of the Rajasthan High Court at Jodhpur. Though the appellants were acquitted by the trial Court, the High Court in appeal filed by the State of Rajasthan directed their conviction for offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (in short the Rs. IPC) and each was sentenced to undergo 10 years rigorous imprisonment and fine with default stipulation. In all there were 8 accused persons. Three of them who were convicted by the trial Court namely, Dhruvendra Singh, Shivmuni @ Babua and Sushil Kumar did not prefer any appeal before the High Court questioning their conviction. However, the Trial Court acquitted the present appellants and in appeal filed by the State their acquittal was set aside.

(2.) Background facts, as projected by the prosecution, in a nutshell, are as follows:

(3.) Learned counsel for the appellants submitted that Section 376(2)(g) has no application so far as the present appellants are concerned.