LADDU GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant along with Asha Devi and Poonam Chauhan had faced trial under Sec. 376(2)(c) Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') in FIR No. 223 dtd. 6/8/1994 registered at Police Station Jawahar Nagar, Jaipur under Sec. 376/120-B I.P.C. Trial court vide judgment/order dtd. 26/2/2002 ordered the conviction and sentence of the appellant under Sec. 376(2)(c) I.P.C. Co-accused Asha Devi and Poonam Chauhan were acquitted of the charges framed against them. Aggrieved against his conviction and sentence by the trial court, appellant preferred S.B. Criminal Appeal No. 341/2002 in this court. Vide order dtd. 3/1/2007, appeal was allowed and the conviction and sentence of the appellant was set aside and the case was remitted to the trial court for re-trial.

(2.) The operative part of the judgment dtd. 3/1/2007 reads as under:-

(3.) On re-trial, appellant was convicted and sentenced by the trial court under Sec. 376(2)(c) I.P.C. vide judgment/order dtd. 28/8/2017 and the appellant was sentenced to undergo imprisonment for life and to pay a fine of Rupees two lacs (in default of payment of fine, appellant shall further undergo rigorous imprisonment for one year). Hence, the present appeal by the appellant.