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2016 Supreme(Kar) 257

MOHAN M.SHANTANAGOUDAR, R.B.BUDIHAL
STATE OF KARNATAKA – Appellant
Versus
SHEKHAR V. HARIKANTH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI S.RACHAIAH, HCGP
For the Respondent: SMT ARCHANA MURTHY, ADV., FOR SRI T. THIPPESWAMY, ADV.

JUDGMENT :

The judgment and order of acquittal dated 23.8.2011 passed by the Additional Sessions Judge / Fast Track Court at Puttur, Dakshina Kannada, in Sessions Case NO.79/2011 is appealed by the State questioning the acquittal of the accused.

2. By the impugned judgment, the trial Court acquitted the accused of the offence punishable under Sections 302, 201 read with Section 34 of Indian Penal Code.

3. The case of the prosecution in brief is that accused No.1 is serving in the Indian Army; he had love with accused No.2; both the accused are of the same native place; intimacy and love of accused resulted in pregnancy of accused NO.2; the parents of both the accused were not agreeable for the marriage of both the accused; fearing about the negative consequences, accused No.2 did not disclose about her pregnancy to her parents, but informed the same to accused No.1; on the request of accused No.1, accused No.2 came to Bangalore from her native place; both the accused hired a house and lived life as husband and wife; thereafter, they decided to marry, both went to a temple at Domalur and married; their marriage was registered in the office of the Sub-Registrar Indiranagar, Bangalore; t




























































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