RUDRA S/O BOKALAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant has challenged his conviction and sentence for the offence punishable under Section 376 r/w 511 IPC on a trial held by the Additional Sessions Judge, Mysore.

(2.) The facts relevant for the purpose of this appeal are as under; PW1 Rudramma and PW2 Nanjaiah are the sister and brother of the victim PW6. On 4.1.2006 at about 1.00 p.m. the victim had gone to answer the call of nature in a land near her house, at that time, the appellant having seen the victim alone dragged her to the ground and despite her resistance, had the forcible sexual intercourse. When she cried for help, her sister PW1 came and the fact of sexual assault was informed to her. After the arrival of the family members, an effort was made to approach the parents of the appellant to marry the victim and as the appellant and his parents refused to perform the marriage. On the next day in the morning at 8.00 a.m. the victim filed a complaint (Ex.P3) to the police. The said complaint came to be registered by PW11 in Crime No.2/2006 for the offence under Section 376 IPC. The victim was sent for medical examination and PW9 examined her. In the course of investigation, the spot mahazar Ex.P2 was held in the presence of PWs.4 and 5. RTC extracts Ex.P1 was obtained from the Village Accountant PW3. The school certificate Ex.P4 to prove the age of the victim was secured from PW7 the Head Master. The appellant was arrested and he was examined by PW10 the doctor. After securing the records, a charge sheet came to be laid against the appellant for the charge under Section 376 IPC.

(3.) I have heard Sri C.R.Gopalaswamy, learned counsel for the appellant and also Sri Vijayakumar Majage, learned High Court Government Pleader for the respondent-State.