K.S.RATHAKRISHNAN, VIKRAMAJIT SEN
Vinod Kumar – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
Vikramajit Sen, J.— Leave granted.
2. In this Appeal we are confronted with the concurrent conviction of the Appellant under Section 376 of the Indian Penal Code (IPC), although the findings of the two Courts substantially differ. The High Court has set aside his conviction under Sections 417 and 419 IPC, whereas the Additional District & Sessions Judge, Thiruvanthapuram, had sentenced the Appellant to Rigorous Imprisonment for a period of seven years and a fine of Rs.25,000 and in default of payment thereof, to undergo Rigorous Imprisonment for three years. In the Impugned Order the High Court has reduced this sentence to Rigorous Imprisonment for a period of four years but, while maintaining the fine of Rs.25,000, has ordered that in default of its deposit, the Appellant would suffer Rigorous Imprisonment for the reduced period of six months. At the commencement of the impugned Judgment, the learned Judge has aptly observed that what began as a telephonic friendship strengthened into close acquaintance between the Appellant and the prosecutrix (PW2) which later blossomed into love, eventually leading them to elope. Despite arriving at this conclusion, the learned Judge h
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