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2000 Supreme(Ker) 154

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
Babu – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

PASAYAT, C. J.

Challenge in this appeal is to the conviction made and sentence awarded for offences punishable under Sections 302 and 376 read with Section 34 of Indian Penal Code, 1860 (in short, the IPC), by learned Sessions Judge, Palakkad. Appellants are hereinafter referred to as 'accused' by their respective names. A twelve year old girl was the victim of alleged rape and murder. On analysing the evidence, circumstantial in nature, learned trial Judge found the accused guilty of the offences. They were sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Section 34, IPC and seven years for the offence punishable under Section 375 read with Section 34, IPC.

2. Prosecution case, in a nutshell, is as follows : On 17-11-1994, at about 2.00 p.m., victim was subjected to rape by first accused inside shrubby bushes near Mangalam Dam in Kizhakkencherry No. II village. After closing her mouth with his hand, she was taken inside the shrubs, and when she refused to yield to the lustrous advances of first accused, he inserted a stick inside the vagina of the girl and threatened her and thereafter committed rape on her. Second accused, w




























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