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2003 Supreme(SC) 708

DORAISWAMY RAJU, H.K.SEMA
Golakonda Venkateswara Rao – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

Sema, J.-The appellant was put to trial for an offence punishable under Sections 376, 302 and 201 IPC before Sessions Judge, Krishna Division at Machilipatnam in Sessions Case No. 110 of 1998. After the trial, the learned Sessions Judge found the appellant not guilty under Sections 376 and 201 IPC and he was accordingly acquitted of the charges under the aforesaid Sections. The learned Sessions Judge, however, found the appellant guilty under Section 302 IPC and sentenced him to undergo imprisonment for life and also to pay a fine of Rs. 100/- and in default to undergo simple imprisonment for one month. The conviction and the sentence recorded by the learned Sessions Judge were confirmed by the High Court by the impugned judgment under challenge.

2. Briefly stated the facts leading to the filing of the present appeal are that the appellant, a resident of Sultanagaram and a neighbour of the deceased - Devanaboyina Lakshmi, stated to be a minor girl aged 15-16 years accosted the deceased about two months prior to the incident on 14.7.1996. It is stated that the deceased went to graze goats at water canal bund. The appellant noticed the deceased going towards the water canal bu


























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