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2006 Supreme(SC) 911

A.K.MATHUR
Yedla Srinivasa Rao – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

A.K. Mathur, J.—Both these appeals arise out of two orders passed on 25.2.2004 and 18.6.2004 by the High Court of Andhra Pradesh convicting and sentencing accused - appellant under Section 376 of the Indian Penal Code (for short, IPC) to undergo rigorous imprisonment for 7 years and fine of Rs.100/-, in default, to further undergo simple imprisonment for one week and under Section 417, IPC a fine of Rs. 100/-, in default, to further undergo simple imprisonment for one week, therefore, they are disposed of by this common order.

2. Brief facts giving rise to both these appeals are that prosecutrix (PW1) used to attend cooking in her sister’s (PW2) house in day time, as her sister was attending to agricultural operations. The accused used to visit the house of PW2 during day time between 11.00 a.m. and 12.00 noon regularly while PW 1 was alone and persuaded her to have sexual intercourse by telling her that he would marry her. PW1 resisted for this for sometime but later on one day, the accused came to the house of PW2 in her absence, closed the doors and committed forcible sexual intercourse with PW1 against her will and consent. When she protested as to why he spoiled her lif



























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