SUPREME COURT OF INDIA

Before:- B.N. Kirpal, C.J., K.G. Balakrishnan and Arijit Pasayat, JJ.

Criminal Appeal No. 822 of 2002, Arising out of SLP (Crl) No. 1173 of 2002. D/d. 12.8.2002.

Rajesh - Appellant

Versus

State of Goa - Respondent

Indian Penal Code, 1860, Section 376(2)(g) - Gang rape or rape simpliciter - Acquittal of co-accused - Held that, it is a case of rape simpliciter - Sentence reduced to prescribed minimum of seven years.

[Para 2]

ORDER

B.N. Kirpal, C.J. - Special leave granted.

2. After hearing the counsel for the parties and on the basis of the evidence on record, it is evident that this is not a case of gang rape in view of acquittal of co-accused and the provision of Section 376(2)(g) Indian Penal Code was not applicable. This would be a case of rape simpliciter and, therefore, the sentence of the accused is reduced to the prescribed minimum of seven years.

3. This appeal is disposed of in the aforesaid terms.

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