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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