Supreme Court of India
Baskaran & Anr. v. State of Tamil Nadu
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From the headnote
Penal Code, 1860- ss.302 and 376- Rape followed by murder- Conviction of appellants ( -1 and -2) u/ss.376, 302 by trial court - High Court affirmed conviction of -1 for both rape and murder but held -2 guilty of rape only and not murder - On appeal, held: -1 and -2 committed rape on the victim one after the other whereafter -1 throttled the neck of the deceased with his hands resulting in her death which o act was questioned by -2 - In the circumstances, even though -2 committed rape on the victim and was convicted for the same, he was rightly acquitted by the High Court of the offence of
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