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2019 Supreme(Kar) 1879

B.A.PATIL
Nagappa S/o Manappa – Appellant
Versus
State of Karnataka By Bajpe Police Station – Respondent


Advocate Appeared:
For the Petitioner:Sri Dineshkumar K. Rao, & Smt. Pooja Kattimani, Advocates
For the Respondent: Sri M.Divakar Maddur, HCGP

JUDGMENT :

The present appeal has been preferred by the appellant-accused challenging the legality and correctness of the judgment passed by II Additional District and Sessions (Special) Judge, D.K. Mangaluru, in Special Case No.39/2017 dated 22.8.2019.

2. I have heard Sri.Dineshkumar K. Rao and Kumari. Pooja Kattimani, learned counsels appearing for the appellant and Sri.M.Diwakar Maddur, learned High Court Government Pleader for the respondent-State.

3. Though this case is listed for admission, with consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

4. The genesis of the case of the prosecution are that PW1 filed a complaint alleging that her parents go to work in the morning at 7.00 a.m. and came back in the evening and she was studying in 8th standard. Accused was residing in neighbourhood along with his wife. Accused on his acquaintance with the parents of the minor victim used to visit the house and used to talk in cordial manner with the victim. On 21.4.2016 at about 7’o clock when her parents had gone to the work, her sister had gone to the neighbours house to tie the flowers, at about 7.15 a.m. accused came to the house of the co

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