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2014 Supreme(Bom) 2100

U.V.BAKRE
State of Goa – Appellant
Versus
Baloo Kumar Singh – Respondent


Advocates appeared:
Mr. S.R. RIVANKAR, Public Prosecutor for the Appellant.

JUDGMENT:- Heard Mr. Rivankar, learned Public Prosecutor appearing on behalf of the appellant.

2. This is State appeal against acquittal.

3. The respondent (accused) was tried, by the learned Assistant Sessions Judge, Fast Track Court, South Goa, in Sessions Case no. 40/2001, for offences punishable under Sections 342, 323, 376 and 506(ii) of the Indian Penal Code (I.P.C., for short).

4. Case of the prosecution, in short, was that on 27 .08.2001 at around 03 :30 hours at Matel Verna, Salcete, Goa, the accused went to the house of the victim (PW-l), woke her up and called her at Hotel Leonora. on the pretext that she had a phone call from her husband, who was working in Dubai and after she came there he confined her in one of the guest rooms at the basement of the said hotel and assaulted her, committed rape on her and threatened to kill her if she disclosed the fact to anyone. The accused even hurled a chopper at her and thereafter, left the place on his Kinetic Honda scooter, bearing registration no.

GA-02/B-9988.

5. Upon the charge being explained to the accused, he pleaded not guilty.

The prosecution examined 15 witnesses. PW-1 is victim lady; PW-2, Shri Alcandro Fernandes, acted




















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