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1950 Supreme(Ker) 101

GOVINDA PILLAI, GANGADHARA MENON
AHAMAD PILLAI SAITHU MUHAMMAD – Appellant
Versus
STATE – Respondent


Judgement

Gangadhara Menon, J

[1] Accused 1,6 & 2 are the applts. Accused 1 & 2 were convicted under Sections 376, 453, 609 (ii) & 341, T. P.C. & sentenced to rigorous imprisonment for five years, under Section 376, rigorous imprisonment for 6 months under Section 453 & another 6 months' rigorous imprisonment under Section 509 (ii). They were also given a sentence of simple imprisonment for one month for the offence under Section 341, T. P.C. Accused 6 was convicted under Section 453, 509 (ii) & 341, T. P.C. & sentenced to rigorous imprisonment,, for 6 months under Section 453, another 6 months under Section 509 (ii) & simple imprisonment for one month under Section 341, T. P.C. The sentences were directed to run consecutively. In convicting accused l & 2 under Section 509 (ii), & 341, Section 28, T. P.C. was also applied. Accused 3 to 5 were acquitted & set at liberty.

[2] The prosecution case was follows: P. W. 1 who was a young girl of 19 had been married to P. W. 2 a goldsmith on 20 7-1124. After marriage they were living as husband & wife in a building in Netttayam in Vattiyoor Kavu. P. W. 2 was engaged in the business of making ornaments in gold & silver & for this purpose he h











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