NARESH H PATIL Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant before us faced trial in Sessions Case No. 38 of 2009 for offences of sodomy and murder punishable under Sections 377 and 302 of the Indian Penal Code (I.P.C) and he has challenged the Judgment dated 14/2/2011 and order of sentence dated 4/3/2011 passed by the learned Sessions Judge, North Goa, Panaji in the said case.

(2.) THE prosecution case, in short, was as follows: Between 20.00 hours of 11/05/2009 and 08.30 hours of 12/05/2009, the accused had forceful, unnatural anal sex with Dharmalingam, since deceased, at Palm Grove Apartment, Upper Bazar, Ponda Goa. The accused had tied a jute thread around the neck of the deceased and during the course of having unnatural sex with him, the jute thread was pulled back in the process of deriving lust of unnatural sex as a result of which Dharmalingam was strangulated and he died on the spot.

(3.) THE accused pleaded not guilty to the charge explained to him in respect of the said offences and claimed to be tried.