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2008 Supreme(SC) 294

ARIJIT PASAYAT, P.SATHASIVAM
Shaik Nagoor – Appellant
Versus
State of A. P. rep. by its Public Prosecutor, High Court of A. P. , Hyderabad – Respondent


JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court. By the impugned judgment conviction of the appellant for offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 (in short the IPC) was upheld, but the conviction for offence punishable under Section 306 IPC was set aside. However the sentence of three years imprisonment for offence punishable under Section 354 IPC which was imposed by the trial court was reduced to two years. The sentence of six months imprisonment and fine for offences relatable to Section 448 IPC were maintained by the High Court.

3. Prosecution version in a nutshell is as follows:

Shaik Khasim Bee (hereinafter referred to as the deceased) is daughter of Shaik Nagoor (PW5) and Shaik Nazer Bee (PW 1). Accused, Shaik Nagoor was at the relevant point of time the tenant in their house at Singhnagar, Vijayawada. Accused as a tenant in a small hut in the same compound of the house of PW 1. It appears that accused was soliciting the deceased for sexual intercourse. On 12.11.1999 around 1.00 pm. PW 1 and the deceased went for Namaz and thereafter


























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