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2004 Supreme(SC) 87

DORAISWAMY RAJU, S.B.SINHA
Dastagir Sab – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

S.B. Sinha, J.-The appellants herein have been found guilty of commission of offence under Section 376(2)(g) of Indian Penal Code and sentenced to undergo rigorous imprisonment for five years as also imposition of a fine of Rs. 10,000/-.

2. On 31.10.1993, father of PW1 and PW6, her brother had gone to cultivate their agriculture land. Around 11.30 a.m. when PW 1 was attending to her household works and nobody was at home, the appellants came to the house and asked her about the availability of a spray pump. She told the appellants that she did not have any. A little later again the appellants approached her and asked for water whereupon she gave them water for drinking. After some time again the appellants went to her and asked her to give the cycle pump whereupon she told them that she did not have any cycle pump, whereafter they went away. Around 12.30, PW 1 went to a nearby nala to fetch water for the purpose of washing clothes. While she was returning from the canal, both the accused persons came and took her forcibly to the cotton fields by gagging her mouth and committed forcible sexual intercourse with her against her consent. She was unable to cry as the cloth used




















































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