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2002 Supreme(SC) 209

BRIJESH KUMAR, D.P.MOHAPATRA
State of Karnataka – Appellant
Versus
S. Nagaraju – Respondent


ORDER

Leave granted.

2. Feeling aggrieved by the judgment rendered by the Karnataka High Court in criminal appeal No. 14 of 1996 further reducing the sentence imposed on the accused, respondent herein, the State of Karnataka has filed this appeal assailing the said judgment.

3. On first information report lodged by the prosecutrix PW-1, the respondent was tried for the charge of rape punishable under section 376, Indian Penal Code. The trial court on appreciation of the evidence on record, held the accused guilty of the charge of rape and convicted him therefore. Considering the question of appropriate sentence to be imposed, the trial court observed, "therefore, taking into consideration all these aspects, I feel that it is a fit case for sentencing the accused to undergo rigorous imprisonment for two years and this in my view would meet the ends of justice. The accused is sentenced to undergo rigorous imprisonment for two years for the offence under section 376 of IPC. The bail bond of the accused stands cancelled."

4. The accused challenged the judgment before the High Court in appeal. The High Court on a fresh assessment of the evidence on record held that the finding of convictio

















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