RAPE CASE
19-01-22
KAMAL SETHI
720

Sections 376 and 366 of IPC  - Trial Court convicted Accused under I.P.C. Hence, this Appeal Whether, order of conviction passed by Trial Court was correct Held, evidence on record proved that commission of sexual assault on victim by Accused/Appellant when she stayed in Hotel Evidence of Doctor proved that Accused did not had sexual act with victim till her marriage and it was only after marriage that said affair followed between them Evidence on record showed that though victim was not major to exercise her discretion to give her company to Appellant, latter with unholy object persuaded her to accompany him  Finding recorded by doctor was contrary to evidence placed on record Moreover, testimony of witness showed about reprehensible behavior of Accused at trial, who had been threatening Assistant Public Prosecutor even when he was in custody Thus, Accused was correctly convicted however, sentence imposed was reduced to period of four years  Appeal dismissed
 

[ PATNA HIGH COURT ]

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