RAJENDRA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAJENDRA S/o. Panchu Lal, and Mukesh Kumar S/o. Jagdish were tried by the Court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Baran for having committed offence of gang rape with a fifteen years old daughter of the complainant Motilal (P.W.1) (name of the daughter of the complainant, is being withheld in order to protect her identity; hereinafter, she is referred to as 'the victim').

(2.) BY its impugned judgment dated 11th January, 2010 the Court of Special Judge held both the appellants guilty of the offence under Section 376(2)(G) IPC, and further held appellant Rajendra guilty of offence under Section 3(2)(V) of Scheduled Castes & scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the Act of 1989'). The trial Court further convicted appellant Mukesh Meena for offences under Sections 457 and 366 I.P.C.

(3.) BOTH the appellants Rajendra, and Mukesh were sentenced under Section 376(2)(G) IPC to undergo 10 years' rigorous imprisonment, and accused Rajendra was directed to pay a fine of Rs. 5,000/ -, and accused Mukesh Kumar was directed to pay a fine of Rs. 2,000/ -, in default thereof, both the appellants were ordered to further undergo six months' rigorous imprisonment.