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2011 Supreme(Kar) 819

B.V.PINTO
Chinnappaiah @ Honga S/o. Huddiranjappa – Appellant
Versus
State by Gauribidanur Rural Police – Respondent


Advocates:
Advocate Appeared:
Mr. K. Nagabhushana Reddy and Associates, for the Appellant.
Mr. Vijayakumar Majage, H.C.G.P., for the Respondent.

JUDGMENT

B.V. Pinto, J.— This appeal is filed by the accused challenging the judgment, dated 12.2.2004 passed by the Additional Sessions Judge, Fast Track Court-I, Kolar convicting him for offences punishable under Sections 354 and 323 of IPC and sentencing him to suffer imprisonment for one year and to pay fine of Rs. 1,000/- for the offence under Section 354 of IPC and to suffer imprisonment for six months and pay fine of Rs. 500/- for the offence under Section 323 of IPC, with default clauses.

2. It is the case of the prosecution that on 7.10.1996 at about 8.00 a.m., near the tank premises at Narasapura village within the limits of Gowribidanur Rural Police Station, accused committed rape on PW-5, Lakshmamma by dragging her in a Hongebeli grove and caused forcible intercourse with her and thereby, he is alleged to have committed an offence under Section 376 of IPC. It is further charged against the accused that on coming to know of the incident, when PW-5 went along with her husband PW-6 to question the accused, the accused is alleged to have caused bleeding injury on the husband of victim by means of a sickle thereby he is alleged to have committed an offence under Section 324 of



















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