ANKIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 16/9/2015 in S.T. No. 317/2014, whereby appellants have been found guilty Indian Penal Code, 1860 (hereinafter referred for short 'IPC') and sentenced to undergo life imprisonment with fine of Rs.5000.00 for the offence under Sec. 10 years with fine of Rs.1000.00 for the offence under Sec. 449/34 of IPC with usual default stipulations. The learned trial Court with the aid of Sec. 71 offence under Sec. 302 r/w 34 of IPC, has not sentenced the appellants separately for the offence under Sec. 302 r/w Sec. 34 of IPC.

(2.) It is made clear that due to involvement of the alleged sexual offences with the deceased in the present case, her name or any matter which may make known her identity is not be disclosed as per provisions of Sec. 228A of IPC, hence victim (now deceased) will be referred as 'victim' and witnesses, who are her parents, brother and sister will be referred with their witness number only.

(3.) It is admitted that the victim, aged about 22-23 years, was daughter of PW-5 and at the time of incident and was a student of Final Year of B. Pharmacy in G.R.Y. College, Borawan Tehsil Kasravad, District Khargone. It is also admitted that accused/appellant Ankit at the time of incident was a student of Final Year of B. Pharmacy and appellants Akshay and Vishal were also student of 3rd Year student of B. Pharmacy in the same college. Arrest of the appellants vide arrest memo Ex.P/14, P/15 and P/16 on the date of incident i.e. 10/5/2014 is also not disputed.