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YOGISH – Appellant
Versus
THE STATE BY KARKALA POLICE – Respondent


This appeal is directed against the Judgment and

Order dated 07.07.2018 passed by the Court of Principal

Sessions Judge, Udupi in Sessions Case No.24/2015,

whereby

the

appellant/accused

was

convicted

and

sentenced for offence punishable under Sections 376, 292,

420 and 506 of IPC and Section 67(A) of the Information

Technology Act, 2000 [hereinafter referred to as 8I.T. Act

for short].

2.

Heard the learned counsel for appellant and the

learned HCGP for respondent/State and perused the

evidence and material on record.

3.

It is the case of prosecution that, the accused

who was already married, on a false assurance of marriage,

committed sexual intercourse with the victim/P.W.1 against

her will and while committing the said act, videographed

the act in his mobile phone and transmitted it into a

compact disk [CD] and thereafter refused to marry her and

3

also threatened her with dire consequences saying that he

will finish her life, if she revealed the matter to others.

To establish the guilt of the accused, the prosecution

got examined P.Ws.1 to 12 and got marked Exs.P1 to 17

and M.Os.1 and 2. The defence got marked Ex.D1, a

portion of the statement of P.W.2.

The learned Sessions Jud

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