LAWS(DLH)-2010-2-48

AMIT Vs. STATE

Decided On February 05, 2010
AMIT APPELLANT Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Appellant Rahul and Amit have been convicted for the offences punishable under Section 376(2) (g) IPC; Section 324/34 IPC; Sections 392/397/34 IPC and Section 506/34 IPC. Appellant Rahul is also convicted for the offence punishable under Section 27 of the Arms Act.

(2.) Co-accused Mohan Lal who was charged for the offence punishable under Section 411 IPC and Ashok Kumar who was charged for the offence punishable under Section 212 IPC have been acquitted.

(3.) Pertaining to co-accused Mohan Lal, notwithstanding the fact that a mobile phone belonging to the victim was recovered from his conscious possession, benefit has been given to him of not having knowledge that the mobile phone was stolen property. Qua Ashok Kumar from whose house Rahul was arrested and a pant belonging to Rahul was recovered, has been given the benefit of not knowing that Rahul was an offender at law.