SAIBANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Government Pleader.

(2.) The appeal is by the accused, in the following circumstances:

(3.) The learned counsel for the appellant would contend that the court below had, on the face of it, arrived at a wrong conclusion that there was an offence punishable under Section 376 IPC which was committed. On the admitted circumstances, it cannot be said that there was any force at all in Mashakbee having accompanied the accused and having stayed with him for over a week in Sharana Sirsagi village and Shahabad.