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2004 Supreme(SC) 1322

C.K.THAKKER, ARIJIT PASAYAT
Shashidhar Purandhar Hegde – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

Arijit Pasayat, J.-The appellants faced trial for alleged commission of offences punishable under Sections 363, 368, 506 and 507 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ). The trial Court directed acquittal of the present appellants being of the view that the accusations have not been established. In appeal by the State, by the impugned judgment the High Court held that the appellants were guilty of offences punishable under Section 363 read with Section 34 IPC and were also liable to pay a fine of Rs. 1,000/-. Appellant No.1 additionally was sentenced to undergo imprisonment for three months on each count for the offences punishable under Sections 506 and 507 IPC. It was directed that in case the fine is paid, a sum of Rs. 1,000/- was to be paid to Niranjan (PW-3) the victim. The appellants are described as A-1 and A-2 hereinafter.

2. The background facts and the findings of the trial Court are as follows:

Niranjan (PW-3) is the son of Sudhakar Kamat (PW-1) and was studying in St. Anthony s school. PW-3 was a minor then. On 16.2.1989 at about 4.00 p.m. when Niranjan (PW-3) was in his class, his friend Sachin informed him that somebody wants to
















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