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2015 Supreme(SC) 922

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
STATE OF KARNATAKA – Appellant
Versus
F. NATARAJ – Respondent


JUDGMENT :

Pinaki Chandra Ghose, J.

1. This appeal by special leave has been directed against the judgment and order dated 9.11.2009 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1576 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him of the offence under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

2. The brief facts necessary to dispose of this appeal are that the prosecutrix (PW1), daughter of one Lakshmana (PW2), aged about 14 years, was studying in 8th standard in Swami Vivekanand School at Hiriyur Town, District Chitradurga. The respondent F. Nataraj was a teacher in the said school and the prosecutrix fell in love with him. When she expressed this before him, he told her that she is a minor and should concentrate on her studies. The prosecutrix threatened the accused respondent that if he would not consent to marry her, she would kill herself. In view of this threat, he agreed to marry her. The relationship between them continued for about three months. When the prosecutrix came to know that her parents were about to get her married to somebody else, she start
















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