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2022 Supreme(Kar) 627

K. S. MUDAGAL
Muzahid Pasha – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
M.Narayana Reddy, Advocate, Shivayogi B.Hallur, Advocate, Rashmi Jadhav, Advocate

JUDGMENT

1. Aggrieved by the order of conviction and sentence recorded against him for the offences punishable under Ss. 448, 323, 376, 506 of IPC, the accused in SC No.236/2013 on the file of 5th Addl. District & Sessions Court at Hassan has preferred the above appeal.

2. The appellant was tried in SC No.236/2013 by the trial Court for the offences punishable under Ss. 448, 323, 376, 506 of IPC on the basis of the charge sheet filed by Hassan Rural police in Crime No.70/2004 of their police station. Crime No.70/2004 was registered against the appellant on the basis of the complaint Ex.P1 filed by PW.1.

3. The case of the prosecution in brief is as follows:

    (i) The appellant was interested in marrying PW.1 but her family member declined the proposal. On 14/5/2004 at about 7.30 am when PW.1 was alone at Gullenahalli village in her house, the appellant trespassed in to the house, gagged her mouth, dragged her into the house and committed rape on her. He threatened her of her life if she reveals the incident to anybody;

      (ii) During the course of the offence, he assaulted her and ca

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