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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF DECEMBER, 2021

PRESENT

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

AND

THE HON’BLE MS.JUSTICE J.M. KHAZI

CRIMINAL APPEAL NO.100069/2018

BETWEEN

STATE OF KARNATAKA,

BY BHATKAL RURAL POLICE STATION,

UTTARA KANNADA DISTRICT, KARWAR,

THROUGH THE ADDL. STATE PUBLIC PROSECUTOR,

ADVOCATE GENERAL OFFICE,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD.

...APPELLANT

(BY SRI.V.M.BANAKAR, ADDL. S.P.P.)

AND

DASTGEER GOUS PHEERSAB,

AGE: 35 YEARS,

R/O. GULME, BELALKHAND,

BHATKAL, DIST. KARWAR.

…RESPONDENT

(BY SRI.VIDYASHANKAR G. DALAWAI, ADV.)

THIS CRIMINAL APPEAL IS FILED UNDER SECTIONS

378(1) AND (3) OF CR.P.C., PRAYING TO SET ASIDE THE

JUDGMENT AND ORDER OF ACQUITTAL DATED 01.08.2017

PASSED BY THE SPECIAL JUDGE, UTTARA KANNADA, KARWAR

IN SPECIAL CASE NO.26/2013 AND ETC.

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THIS CRIMINAL APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 07.12.2021 COMING ON FOR

PRONOUNCEMENT OF JUDGMENT THIS DAY, J.M.KHAZI J.,

DELIVERED THE FOLLOWING:

JUDGMENT

Challenging the acquittal of respondent for the

offences punishable under Section 354A of the In