Accused No.5 Modiram alias Moda and Accused No.6 Varu alias Varda were companyvicted for the offence under Section 376 2 g IPC and sentenced to undergo R.I. for a period of 11 years with fine of Rs.200/ each.
Being aggrieved by the order passed by the Sessions Judge, all the accused filed an appeal before the High Court.
A 2, A 3, A 4 and A 7 were identified by PW.5 in identification parade companyducted by the Magistrate in the jail on 25.5.1985 which was also companyroborated by the dock identification of these accused persons.
The incident took place on 26.4.1985.
O R D E R Seven persons were put to trial under Sections 376 2 g and 342 of the Indian Penal Code in short IPC .
The FIR was lodged by PW.3 Chaturbhuj , uncle of the prosecutrix PW.5 Mst.
Accused No.1 Basantilal , Accused No.2 Sawailal , Accused No.3 Chunnilal , Accused No.4 Nainsukh and Accused No.7 Kana were companyvicted for the offence under Section 376 2 g IPC and sentenced to undergo R.I. for a period of 10 years with fine of Rs.200/ each.
The High Court by its judgment dated 15th April, 2005 affirmed the judgment passed by the Sessions Judge.
The Sessions Court companyvicted all the accused persons.
In case of default of payment of fine, they were sentenced to undergo R.I. for one year.
During the pendency of the appeal in the High Court, accused Basantilal, Chunnilal and Nainsukh died and the appeal of the said accused appellants stood abated.
In case of default of payment of fine, they were sentenced to undergo R.I. for one year.
Being aggrieved by the judgment passed by the High Court, the accused appellants, Sawailal, Kanihya Lal Kana, Modiram Moda and Barda have challenged the impugned judgment by filing this appeal by special leave.
