RAJOO Vs. STATE OF M P
LAWS(SC)-2008-12-176
SUPREME COURT OF INDIA
Decided on December 03,2008

RAJOO,Rajoo And Ors Appellant
VERSUS
STATE OF M P,STATE OF M.P Respondents





Cited Judgements :-

PLIS KHYMDEIT VS. STATE OF MEGHALAYA [LAWS(MEGH)-2020-3-14] [REFERRED TO]
S. NAGAPANDIAN VS. STATE [LAWS(MAD)-2020-12-543] [REFERRED TO]
R. BHAGIRATHI REDDY AND ANOTHER VS. STATE OF ORISHA [LAWS(ORI)-2017-8-4] [REFERRED TO]
RAMDAYAL S/O SITARAM GUJAR VS. STATE OF M P [LAWS(MPH)-2016-6-167] [REFERRED]
STATE OF TRIPURA VS. DILIP GUHA [LAWS(TRIP)-2019-9-89] [REFERRED TO]
HAJI IQBAL VS. STATE OF U.P. [LAWS(SC)-2023-8-25] [REFERRED TO]
ATESHAM KHAN @ AHTESHAM S/O WASIM KHAN VS. STATE OF BIHAR [LAWS(PAT)-2021-4-1] [REFERRED TO]
SUKHNA & ANOTHER VS. STATE OF M P [LAWS(MPH)-2013-1-329] [REFERRED]
SUKHNA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-1-12] [REFERRED TO]
ATHUL VS. STATE OF KERALA [LAWS(KER)-2024-6-12] [REFERRED TO]
SUNILKUMAR VIRJIBHAI DAMOR VS. STATE OF GUJARAT [LAWS(GJH)-2018-4-22] [REFERRED TO]
M PETCHIMUTHU VS. STATE REP [LAWS(MAD)-2020-9-679] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAMU [LAWS(HPH)-2014-9-163] [REFERRED TO]
SWARAN SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-5-162] [REFERRED TO]
SONU AND ORS. VS. STATE AND ORS. [LAWS(DLH)-2015-8-72] [REFERRED TO]
BEERU VS. STATE NCT OF DELHI [LAWS(DLH)-2013-12-123] [REFERRED TO]
STATE VS. SONU [LAWS(DLH)-2019-5-428] [REFERRED TO]
STATE OF J&K VS. RAVI KUMAR [LAWS(J&K)-2018-11-44] [REFERRED TO]
ATENDER YADAV VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2013-10-303] [REFERRED TO]
RAJU VS. STATE [LAWS(DLH)-2012-11-216] [REFERRED TO]
SUNDER VS. STATE [LAWS(DLH)-2016-5-334] [REFERRED TO]
PREM PAL VS. THE STATE (GOVT. OF NCT OF DELHI) [LAWS(DLH)-2016-3-45] [REFERRED TO]
STATE (GOVT OF NCT) VS. KULDEEP KUMAR [LAWS(DLH)-2016-2-365] [REFERRED TO]
SHAILESH KUMAR VS. MAHENDRA PRATAP AGARWAL [LAWS(ALL)-2013-4-9] [REFERRED TO]
ANJU VS. STATE OF U.P. [LAWS(ALL)-2016-5-14] [REFERRED TO]
SHAHJAHAN VS. STATE OF U.P. [LAWS(ALL)-2024-11-17] [REFERRED TO]
STATE OF GOA, THROUGH MARGAO TOWN POLICE STATION, MARGAO, GOA VS. RAJNEESH KUMAR SINGH, MAJOR, S/O JAIRAM SINGH [LAWS(BOM)-2018-1-180] [REFERRED TO]
MANIRUL ISLAM @ MANIRUL ZAMAN VS. STATE OF ASSAM [LAWS(GAU)-2021-4-12] [REFERRED TO]
TECHI TADAM VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2020-5-59] [REFERRED TO]
STATE OF TRIPURA VS. SIDDIK MIAH [LAWS(GAU)-2012-7-75] [REFERRED TO]
SUNIL ATMARAM MORE VS. STATE [LAWS(BOM)-2011-5-24] [REFERRED TO]
SK. RUSTUM S/O SK. DADA VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-7-14] [REFERRED TO]
MOHAMMAD CHAND VS. STATE OF HARYANA [LAWS(P&H)-2017-12-217] [REFERRED TO]
RAMESH PANDIT VS. STATE OF BIHAR [LAWS(PAT)-2017-2-83] [REFERRED TO]
SANTOSH PRASAD VS. STATE OF BIHAR [LAWS(SC)-2020-2-55] [REFERRED TO]
GOVINDAN VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2019-6-473] [REFERRED TO]
RAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2009-9-13] [REFERRED TO]
BALVIR KAUR VS. KALA [LAWS(P&H)-2013-1-538] [REFERRED]
MOHAN LAL VS. STATE OF PUNJAB [LAWS(SC)-2013-4-93] [REFERRED TO]
NARENDER KUMAR VS. STATE NCT OF DELHI [LAWS(SC)-2012-5-52] [REFERRED TO]
RAM SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-3-149] [REFERRED TO]
AMAR GOSAI VS. STATE OF BIHAR [LAWS(PAT)-2023-9-8] [REFERRED TO]
MANOWWAR ALAM VS. STATE OF BIHAR [LAWS(PAT)-2021-7-42] [REFERRED TO]
AMAN RAJ @ BITU SINGH VS. STATE OF BIHAR [LAWS(PAT)-2021-8-3] [REFERRED TO]
PRANAB DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2021-5-20] [REFERRED TO]
KISHORE VS. STATE OF U.P. [LAWS(ALL)-2016-2-82] [REFERRED TO]
PANNA VS. STATE OF U.P. [LAWS(ALL)-2016-7-43] [REFERRED]
THAKUR VS. STATE OF U.P. [LAWS(ALL)-2016-3-84] [REFERRED TO]
VINISH VS. STATE OF U.P. [LAWS(ALL)-2016-3-47] [REFERRED TO]
SURENDRA PAL VS. STATE OF U.P. [LAWS(ALL)-2017-2-204] [REFERRED TO]
SAGAR NAVNEET SONAVANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-260] [REFERRED TO]
GANESH SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-8-63] [REFERRED TO]
GANESH RAWAT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-6-42] [REFERRED TO]
ROOP KISHORE VS. STATE OF U P [LAWS(ALL)-2015-1-83] [REFERRED TO]
LAKHAN VS. STATE OF U.P. [LAWS(ALL)-2013-8-5] [REFERRED TO]
ANIL KUMAR BAJPAI VS. STATE OF U P [LAWS(ALL)-2014-5-413] [REFERRED TO]
RAKESH CHHABRA @ NITU CHHABRA AND OTHERS VS. STATE (NCT OF DELHI) AND OTHERS [LAWS(DLH)-2017-7-124] [REFERRED TO]
STATE OF GOA VS. MOTILAL LAMANI [LAWS(BOM)-2023-1-133] [REFERRED TO]
AARTI SHARMA VS. STATE OF DELHI AND ORS. [LAWS(DLH)-2016-2-258] [REFERRED TO]
STATE VS. RAJ KUMAR [LAWS(DLH)-2016-2-368] [REFERRED TO]
PHOOL SINGH VS. STATE NCT OF DELHI [LAWS(DLH)-2009-10-139] [REFERRED TO]
STATE OF H.P. VS. DEEPAK CHAND [LAWS(HPH)-2018-8-41] [REFERRED TO]
STATE OF H P VS. VINEET KUMAR AND ORS [LAWS(HPH)-2017-7-139] [REFERRED TO]
VIKRAM KHIMTA VS. STATE OF H P [LAWS(HPH)-2018-11-102] [REFERRED TO]
SENTU VS. STATE [LAWS(CAL)-2022-4-184] [REFERRED TO]
STATE BY BANNUR VS. DAYANANDA KUMAR @ DAYANANDA, [LAWS(KAR)-2020-9-569] [REFERRED TO]
AJEEB SHAH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-12-35] [REFERRED TO]
JAGADEESAN VS. STATE OF KERALA [LAWS(KER)-2015-12-287] [REFERRED]
MARBET NONGSIEJ VS. STATE OF MEGHALAYA [LAWS(MEGH)-2020-1-8] [REFERRED TO]
AMIT VS. THE STATE (GOVT. OF NCT) DELHI [LAWS(DLH)-2015-7-33] [REFERRED TO]
RAMU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-11-139] [REFERRED TO]
RAI SINGH VS. STATE OF H.P. [LAWS(HPH)-2011-10-14] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. BALWINDER SINGH @ DHONI [LAWS(HPH)-2014-12-194] [REFERRED]
JAGMOHINI VS. STATE [LAWS(DLH)-2013-8-346] [REFERRED TO]
STATE VS. LALITA [LAWS(DLH)-2013-9-272] [REFERRED TO]
MOHD. AFZAL NAIK VS. STATE OF J&K [LAWS(J&K)-2018-11-90] [REFERRED TO]
BHAGWAN DAS @ RAHUL @ TUNTA VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2018-9-71] [REFERRED TO]
AJITKUMAR KUMARSINH BHAGORA VS. STATE OF GUJARAT [LAWS(GJH)-2019-4-93] [REFERRED TO]
LILUWA NUT AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-37] [REFERRED TO]
HARIA @ HRUSHIKESH SETHI VS. STATE OF ORISSA [LAWS(ORI)-2017-10-90] [REFERRED TO]
SHEO KUMAR @ SHIV KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2021-10-1] [REFERRED TO]
GUNA VS. STATE OF ORISSA [LAWS(ORI)-2014-4-72] [REFERRED TO]
BINOD SANYASI VS. STATE OF SIKKIM [LAWS(SIK)-2020-3-9] [REFERRED TO]
HIRA YADAV VS. STATE OF BIHAR [LAWS(PAT)-2022-6-2] [REFERRED TO]
GOPAL VS. STATE OF M P [LAWS(MPH)-2014-9-167] [REFERRED TO]
RAHUL @ UMESH HADA VS. STATE OF M P [LAWS(MPH)-2015-1-111] [REFERRED TO]
ARUCHAMI S/O KANTHASWAMI KOUNDER AND ORS VS. STATE OF KERALA [LAWS(KER)-2013-7-338] [REFERRED]
SHAM SINGH VS. STATE OF HARYANA [LAWS(SC)-2018-8-57] [REFERRED TO]
DOLA @ DOLAGOBINDA PRADHAN & ANR VS. STATE OF ODISHA [LAWS(SC)-2018-8-69] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
DHARI KUMAR JAMATIA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-6-57] [REFERRED TO]
SANKAR MUNDA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-6-37] [REFERRED TO]
BAHADUR DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-10-33] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MANJEET SINGH [LAWS(HPH)-2015-10-42] [REFERRED TO]
BITU RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-3-63] [REFERRED TO]
SANJAY KUMAR AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-106] [REFERRED TO]
VIKAS SHARMA VS. STATE OF H.P. [LAWS(HPH)-2013-8-66] [REFERRED TO]
NARENDER PAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-12-23] [REFERRED TO]
STATE VS. VIRENDER [LAWS(DLH)-2024-4-150] [REFERRED TO]
AMIT @ SONU JAAT VS. STATE [LAWS(DLH)-2022-2-12] [REFERRED TO]
STATE (GOVT OF NCT OF DELHI) VS. MAQBOOL KHAN [LAWS(DLH)-2019-2-235] [REFERRED TO]
SUDESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-101] [REFERRED TO]
STATE OF J&K VS. BELI RAM [LAWS(J&K)-2022-10-6] [REFERRED TO]
RANJANBEN MAHESHBHAI VASAVA VS. STATE OF GUJARAT & 1 OTHER(S) [LAWS(GJH)-2019-3-49] [REFERRED TO]
STATE OF GUJARAT VS. UMESHBHAI RAJUBHAI THAKOR AND ORS. [LAWS(GJH)-2014-8-213] [REFERRED TO]
PRASENJIT SANNYAL VS. STATE [LAWS(CAL)-2022-4-139] [REFERRED TO]
MRINAL DAS VS. STATE OF ASSAM [LAWS(GAU)-2017-12-9] [REFERRED TO]
SH. LALHMANGAIHKHUMTIRA VS. STATE OF MIZORAM [LAWS(GAU)-2016-11-53] [REFERRED TO]
MOHAN VS. STATE OF MAHARASHTRA, [LAWS(BOM)-2019-7-388] [REFERRED TO]
LALBIAKMUANA VS. STATE OF MIZORAM [LAWS(GAU)-2022-4-15] [REFERRED TO]
NANKAU @ GORE LA VS. STATE OF U P [LAWS(ALL)-2015-1-73] [REFERRED TO]
SANDEEP ALIAS KOTHARI UPADHYAY VS. STATE OF U.P. [LAWS(ALL)-2014-2-15] [REFERRED TO]
CHHOTU SON OF CHAKRADATT ALIAS MUNNA BRAHMIN VS. STATE [LAWS(ALL)-2017-7-303] [REFERRED TO]
KHANNOO VS. STATE OF U P [LAWS(ALL)-2018-2-339] [REFERRED TO]
MAHENDRA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-4-58] [REFERRED TO]
JAI RAM HARIJAN VS. STATE OF U P [LAWS(ALL)-2019-2-68] [REFERRED TO]
PINTU @ PRAVEEN KHANNA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-112] [REFERRED TO]
JAKIR MALIK VS. STATE [LAWS(DLH)-2016-5-290] [REFERRED TO]
MOHD BILAL QURESHI VS. STATE [LAWS(DLH)-2016-6-19] [REFERRED TO]
SHASHI SHEKHAR THAKUR VS. STATE [LAWS(DLH)-2016-3-49] [REFERRED TO]
RAM KRIPAL @ KRIPAL JHARIYA VS. THE STATE OF MADHYA PRADESH THROUGH P.S. BICHHIYA, DIST. MANDLA (M.P.) [LAWS(MPH)-2018-4-103] [REFERRED TO]
SUMIT KUMAR @ SUMIT KUMAR MANDAL VS. THE STATE OF BIHAR [LAWS(PAT)-2017-11-106] [REFERRED TO]
HARBANS SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2018-3-80] [REFERRED TO]
BHAJAN SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-8-47] [REFERRED TO]
YOGESH KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-9-76] [REFERRED TO]
MAHARAM ALI VS. STATE OF TRIPURA [LAWS(TRIP)-2018-4-1] [REFERRED TO]
SUKESH DAS VS. STATE OF TRIPURA [LAWS(TRIP)-2020-5-42] [REFERRED TO]
JEFFREY HRANGKHAL VS. STATE OF TRIPURA [LAWS(TRIP)-2020-9-2] [REFERRED TO]
STATE VS. MAHENDER SAHNI [LAWS(DLH)-2017-5-122] [REFERRED TO]
NASIR UDDIN ALI VS. STATE OF ASSAM [LAWS(GAU)-2020-8-42] [REFERRED TO]
SRI JINTU PHUKAN VS. STATE OF ASSAM [LAWS(GAU)-2020-8-55] [REFERRED TO]
CHANDAN MUHURI VS. STATE OF TRIPURA [LAWS(GAU)-2010-8-48] [REFERRED TO]
JASWANT & NAND RANI VS. STATE OF U P [LAWS(ALL)-2018-2-254] [REFERRED TO]
RAM HARSH PAL VS. STATE OF U P [LAWS(ALL)-2016-7-310] [REFERRED]
JOLHA MADDI @ BALAI & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-4-224] [REFERRED TO]
RAM BAX VS. STATE OF NCT DLEHI [LAWS(DLH)-2021-12-85] [REFERRED TO]
RAJENDER GUPTA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2015-10-201] [REFERRED TO]
SURINDER SINGH @ RAJA VS. STATE [LAWS(DLH)-2014-7-41] [REFERRED TO]
GAUTAM KHANNA VS. THE STATE (NCT OF DELHI) [LAWS(DLH)-2015-8-60] [REFERRED TO]
RAMESH SHARMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-7-67] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. TULSHI RAM [LAWS(HPH)-2014-5-11] [REFERRED TO]
DASHRATHBHAI PARUBHAI BHABHOR VS. STATE OF GUJARAT [LAWS(GJH)-2023-4-2661] [REFERRED TO]
SANTOSHSING KUNJBIHARISING RAJPUT VS. STATE OF GUJARAT [LAWS(GJH)-2013-9-214] [REFERRED TO]
HARI MOHAN SAHU VS. STATE OF BIHAR [LAWS(JHAR)-2019-3-50] [REFERRED TO]
KADVABHAI BECHARBHAI SAVALIYA VS. STATE OF GUJARAT [LAWS(GJH)-2019-3-122] [REFERRED TO]
HARGOVINDBHAI JUMABHAI RAVAL VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2015-8-149] [REFERRED]
JOKEN KHARSATI VS. STATE OF MEGHALAYA [LAWS(MEGH)-2018-9-1] [REFERRED TO]
DARBARA SINGH VS. STATE OF HARYANA [LAWS(P&H)-2015-5-48] [REFERRED TO]
ASSURANCE RAIKHAN VS. OFFICER IN CHARGE, WPS-UKL [LAWS(MANIP)-2024-12-3] [REFERRED TO]
SUBASH CHANDRA RAI, SON OF JEET BAHADUR RAI VS. STATE OF SIKKIM [LAWS(SIK)-2018-3-6] [REFERRED TO]
KESHAV S/O LAXMAN RUPNAR VS. STATE OF MAHARASHTRA [LAWS(SC)-2025-4-170] [REFERRED TO]
MANAK CHAND VS. STATE OF HARYANA [LAWS(SC)-2023-10-86] [REFERRED TO]
RAJA AND OTHERS VS. STATE OF KARNATAKA [LAWS(SC)-2016-10-23] [REFERRED TO]
SURENDRA SINGH BAGHEL VS. STATE OF M P [LAWS(MPH)-2013-5-164] [REFERRED]
GANGADHAR SETHY VS. STATE OF ORISSA [LAWS(ORI)-2015-4-39] [REFERRED TO]
ASIM KUMAR MALLICK VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-7-92] [REFERRED TO]
PADI TAMO VS. STATE OF A. P. [LAWS(GAU)-2024-2-140] [REFERRED TO]
BIJU @ MATHEN,S/O.SIVAN VS. STATE OF KERALA [LAWS(KER)-2013-6-172] [REFERRED TO]
PANKAJ VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-9-205] [REFERRED TO]
BHANEI PRASAD VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-7-6] [REFERRED TO]
SHREEMAJJAGADGURU SHANKARACHARYA VS. STATE OF KARNATAKA [LAWS(KAR)-2025-3-97] [REFERRED TO]
STATE OF H.P. VS. GUMAN SINGH [LAWS(HPH)-2018-1-8] [REFERRED TO]
ABDUL SALAM, S/O LATE BASIR ALI, VILL. BATARASHI, P.S. KARIMGANJ, DIST.KARIMGANJ, ASSAM VS. THE STATE OF ASSAM & ANR. [LAWS(GAU)-2016-2-67] [REFERRED TO]
RUPESHWAR TANTI VS. STATE OF ASSAM [LAWS(GAU)-2012-3-3] [REFERRED TO]
RAMESH SONI AND ORS. VS. STATE OF H.P. [LAWS(HPH)-2014-5-180] [REFERRED TO]
RAVINDER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-11-6] [REFERRED TO]
FAIYAZ VS. STATE [LAWS(DLH)-2023-11-75] [REFERRED TO]
RAM NIWAS VS. STATE [LAWS(DLH)-2014-8-153] [REFERRED TO]
Din Diyal alias Dinu VS. State of H.P. [LAWS(HPH)-2010-12-227] [REFERRED TO]
SHIVAM SOLANKI VS. STATE OF U. P. [LAWS(ALL)-2022-8-133] [REFERRED TO]
RAKESH SETIA VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-3-38] [REFERRED TO]
SWAPAN MONDAL VS. STATE [LAWS(CAL)-2021-6-61] [REFERRED TO]
SK. FAKIR ALI VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-12-88] [REFERRED TO]
SRIKANTA DHARA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-4-20] [REFERRED TO]
SALIM MONDAL @ SELIM MONDAL @ SALIM SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-12-61] [REFERRED TO]
LATIFUR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-11-2] [REFERRED TO]
PRASANTA SINGH @ BHULU VS. STATE OF WEST BENGAL [LAWS(CAL)-2020-6-55] [REFERRED TO]
TEJINDER SINGH @ LUCKY SINGH VS. STATE OF DELHI [LAWS(DLH)-2018-5-5] [REFERRED TO]
ALLAH NOOR VS. NCT OF DELHI [LAWS(DLH)-2009-9-385] [REFERRED TO]
SAMEER SARKAR VS. PUBLIC PROSECUTOR [LAWS(BOM)-2024-1-138] [REFERRED TO]
SHIV PUJAN @ SHUBH KARAN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2017-2-73] [REFERRED TO]
STATE (NCT OF DELHI) VS. PRATAP SINGH @ KRISHNA [LAWS(DLH)-2016-5-115] [REFERRED TO]
STATE VS. LALIT RATAWAL [LAWS(DLH)-2016-3-148] [REFERRED TO]
VINOD KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-6-25] [REFERRED TO]
DHARMENDRA VS. STATE OF U.P. [LAWS(ALL)-2016-3-26] [REFERRED TO]
PRAKASH @ OM PRAKASH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2016-9-183] [REFERRED]
RAM PAL VS. STATE OF U P [LAWS(ALL)-2019-5-176] [REFERRED TO]
DASHU RANJAN DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-7-9] [REFERRED TO]
LAXMAN DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-7-28] [REFERRED TO]
BIHARI, S/O JAGANNATH KOL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-8-198] [REFERRED TO]
KEGU VS. STATE OF M.P. [LAWS(MPH)-2020-5-163] [REFERRED TO]
BHURA @ RASHID VS. STATE OF HARYANA [LAWS(P&H)-2018-5-425] [REFERRED TO]
BABY VS. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR [LAWS(KER)-2012-9-159] [REFERRED TO]
DHARMA RAJAN VS. STATE OF KERALA [LAWS(KER)-2014-4-3] [REFERRED TO]
BALJINDER @ JOGINDER VS. STATE OF HARYANA [LAWS(P&H)-2016-9-108] [REFERRED TO]
ABHINANDAN SAH VS. STATE OF BIHAR [LAWS(PAT)-2023-12-54] [REFERRED TO]
PAWAN KUMAR MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2021-3-33] [REFERRED TO]
DINOO RAM KANWAT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-8-130] [REFERRED TO]
STATE VS. SONI AND ORS. [LAWS(DLH)-2016-2-259] [REFERRED TO]
STATE VS. ABHINANDAN KUMAR [LAWS(DLH)-2017-5-61] [REFERRED TO]
MUNNA MOHAMMED SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-6-152] [REFERRED TO]
BHAGBAT GORAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-11-27] [REFERRED TO]
KARAN SINGH VS. STATE [LAWS(DLH)-2009-1-4] [REFERRED TO]
HARISHANKAR VS. STATE [LAWS(MAD)-2021-4-246] [REFERRED TO]
R VELU VS. STATE [LAWS(MAD)-2020-7-47] [REFERRED TO]
MUMTAZ VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(DLH)-2013-5-242] [REFERRED TO]
SAMEER VS. STATE [LAWS(DLH)-2015-10-178] [REFERRED TO]
STATE VS. PRADEEP BARIK [LAWS(DLH)-2015-2-387] [REFERRED TO]
SHIBU VS. STATE NCT OF DELHI [LAWS(DLH)-2015-6-38] [REFERRED TO]
GAURAV MAGGO VS. THE STATE OF NCT, DELHI [LAWS(DLH)-2015-5-322] [REFERRED TO]
ROHIT BANSAL AND ORS. VS. STATE [LAWS(DLH)-2015-5-392] [REFERRED TO]
BIMLA VS. STATE OF NCT OF DELHI AND ORS. [LAWS(DLH)-2015-5-537] [REFERRED TO]
ROHIT KUMAR JHA VS. STATE [LAWS(DLH)-2021-10-1] [REFERRED TO]
STATE (GNCT OF DELHI) VS. VIPIN ALIAS LALLA [LAWS(DLH)-2019-2-234] [REFERRED TO]
VIKRAM SINGH ALIAS VICKY VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-4-5] [REFERRED TO]
ARUN KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-10-42] [REFERRED TO]
STATE VS. SWATANTARA BHARAT & ORS [LAWS(DLH)-2019-3-245] [REFERRED TO]
GAURI SINGH @ GAURI SHANKAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2014-10-38] [REFERRED TO]
RAM SWAROOP PATHAK VS. STATE OF M.P. [LAWS(MPH)-2015-3-33] [REFERRED TO]
SONI VS. STATE OF PUNJAB [LAWS(P&H)-2016-9-258] [REFERRED TO]
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JUDGEMENT

Harjit Singh Bedi, J. - (1.)These appeals by way of special leave arise out of the following facts.
(2.)On 28th December 1986, the prosecutrix PW9 along with her mother, Dukhni Bai PW8 were on their way to the bazaar for purchasing households items. While on the way, they met four of the accused Pyaru, Nandoo, Rajoo and Pentoo, who addressed the prosecutrix as a prostitute and then asked her to go with them to a hotel some distance away. The prosecutrix, however, refused to accept this order on which Nandoo and Pyaru put a towel on her face and after slapping her several times, made her sit on a scooter with Nandoo in front and Pyaru at the rear and the prosecutrix in the middle. The two accused then took the prosecutrix near the newly constructed quarters where the other accused were already present. It is the case of the prosecution that all the accused, first Nandoo, and thereafter the others turn by turn committed rape on her, and after having satisfied their lust, she was dropped by some of them near the peepal tree in the bazaar. She then reported the matter to the police at about 10 p.m. the same evening in which she named Nandoo and Bindu as the two accused who had taken her on the Luna but also stated that as all the other accused were from Ruabandha, she would be able to recognize them. A case under sections 366 and 376 of the IPC was accordingly registered by Sub-Inspector P.N. Shukla PW10. The Police Officer also seized a saree and a petticoat which the prosecutrix had been wearing at the time of the commission of rape and also produced her before PW1 Dr. Smt. Christian for her medical examination. The Doctor observed no marks of injury visible on any part of her body other than a swelling on the lower jaw but opined that as she was habituated to sexual intercourse, she (the Doctor) was unable to give any opinion about the intercourse having been committed recently, though a foul smell was emanating from the vagina and slides were taken therefrom. Some of the accused were arrested on 29th December 1986 whereas the others were arrested on 2nd January 1987 and the underwear they were allegedly wearing at the time of incident were seized and thereafter sent to the laboratory and were subsequently found to be stained with semen. The accused were also produced before PW2 Dr. S.S. Dhillon and PW3 Dr. P. Srivastava, who opined that all the accused were capable of performing sexual intercourse. On 13th December 1986, 9 of the 13 accused were intermingled with 27 other persons and were subjected to an identification parade under the supervision of Sakharam Mahtlong, Naib Tehsildar (PW5). As per the evidence of this officer, all the accused were duly identified by the prosecutrix by putting her hand, over the head of each accused.
(3.)On the completion of the investigation, all 13 accused were charged for offences punishable under Sections 366/376 of the IPC and as they pleaded not guilty, they were brought to trial. The trial court in its judgment dated May 26, 1989 relying on the evidence of the prosecutrix, as corroborated by the statement of her mother PW8, and further relying on the fact that 9 of the accused had been identified in the test identification parade and that the medical evidence showed the presence of semen in her vagina, found the case against all the accused as partly proved, and while acquitting them of the offence under section 366 of the IPC convicted them for the offence under section 376 (2)(g) with a sentence of RI for 10 years and a fine of Rs.200/- and in default of fine to undergo RI for 6 months. Several appeals were thereafter filed by the accused in the High Court which observed that two of the accused appellants i.e. Ramaiya and Krishna had not been identified in the identification parade and were, thus, liable to acquittal. The other appeals were, however, dismissed with the modification in the sentence from 10 years to 8 years RI with an increase in the fine of Rs.200/- to Rs.5000/- to be made payable within 6 months failing which they would undergo RI for 10 years. The present appeals have been filed by 10 of the accused as Raju son of Billya chose not to file an appeal. It is in these circumstances that the matter is before us for final hearing.


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