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2009 Supreme(SC) 211

ASOK KUMAR GANGULY, ARIJIT PASAYAT
Prasad @ Hari Prasad Acharya – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant :Nagendra Kumar Sahoo, Advocates (A.C.).
For the Respondents:Ms. Anitha Shenoy, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court upholding the conviction of the appellant for offence punishable under Sections 447, 376(2)(g) and 506 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). Various custodial sentences were imposed on the appellant and one Sathish.

3. It is not necessary to refer to the factual aspects in detail in view of the order proposed to be passed.

4. It was the prosecution case that on 30.4.2003 around midnight both the accused persons went to the house of the victim, the prosecutrix (PW-1). They called out her husband. He came out after lighting the kerosene lamp and found the accused persons. The prosecutrix was compelled by the accused persons to follow them to the jungle and she was threatened that if she did not do so her hut would be set on fire. When she refused, they forcibly took her about 100 ft. away from the hut and forcibly committed rape on her and threatened not to disclose to anybody. Thereafter, they fled away. PW-2 and PW-3 are the husband and the daughter of PW-1 respectively. After the incident PWs 1








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