Lokeshwar Singh Panta, J. - (1.) The appellant has filed this appeal against the judgment dated 01.03.2000 passed by the learned Single Judge of the High Court of Karnataka at Bangalore in Criminal Appeal No. 334/96, confirming the conviction and sentence of 7 years R.I. imposed upon the appellant in respect of the offence punishable under Section 376 of the Indian Penal Code (for short "IPC") and to pay a fine of Rs. 5,000/- with default stipulation for six months R.I. awarded by the learned Principal Sessions Judge, Madikeri, on 11.04.1996 in Sessions Case No. 32/93.
(2.) Brief facts, which led to the trial of the appellant, are as follows:
(3.) In the year 1991, the prosecutrix (PW-2), her mother Jayanthi (PW-3) and father Raju (PW-13) were working in Athoor Coffee Estate. They were living in the labour colony of the estate. B. C. Deva @ Dyava - accused herein, was also working as Mistry in the same Coffee Estate. On 28.03.1991, the prosecutrix and her mother had gone to the Coffee Estate for picking up coffee seeds whereas the father joined his routine duty of driving the tractor. During lunch time, the prosecutrix had gone to her house for taking mid-day meal. When after lunch break, the prosecutrix was returning to the Coffee Estate carrying lunch box for her mother, the accused suddenly came behind her, held and dragged her to a distance of about 10 feet inside the coffee garden. The accused shut the mouth of the prosecutrix with his left hand and laid her on the ground underneath the coffee plants. According to the prosecution version, the accused committed forcible sexual assault on the prosecutrix and then ran away from the spot of occurrence. The prosecutrix immediately informed her mother (PW-3) about the incident. The prosecutrix decided to commit suicide as she was unable to bear the dishonour and disgrace caused to her reputation by the act of the accused and she felt that after this incident no suitable boy will offer to marry her. The prosecutrix eventually jumped into nearby water tank located in the Coffee Estate. Shashappa (PW-4), Yashodhara (PW-5), one Babu and Vishwanath, who were doing repair work on the pump house near the water tank, heard the sound from the water tank side. They rushed to the water tank and found the prosecutrix struggling in the water. She was eventually pulled out of the water tank by PW-4 with the help of his associates. On being questioned, the prosecutrix disclosed to PW-4 that she wanted to commit suicide as she was sexually assaulted by the accused. PW-5 went and informed PW-3, the mother of the prosecutrix, about the incident. Both PW-3-the mother and PW-13-the father of the prosecutrix took the prosecutrix to Peryase (PW-6)-Estate Writer of the Coffee Estate and informed him about the incident. PW-6 advised them to lodge police report in the Police Station. Accordingly, the prosecutrix along with her parents went to Police Station, Suntikoppa and lodged a complaint (Ex.P-2) to Naga (PW-14), PSI of the Police Station. On the basis of the said complaint, PW-14 registered a case Crime No. 35/91 and submitted First Information Report (Ex.P-6) to the Ilakka Magistrate. PW-14 sent the victim to Madikeri Government Hospital for medical examination. Dr. Nagendramurthy (PW-15), a Deputy Surgeon in the District Hospital, examined the prosecutrix at about 9.15 p.m. and referred her to a Gynaecologist for further examination and opinion. On the same day, Dr. Sachidananda, Gynaecologist, examined the prosecutrix and furnished his opinion. On 29.03.1991, PW-14, the Investigating Officer, went to the place of incident and held the necessary spot mahazer (Ex. P-4) in the presence of PWs-2 and 8 Changappa. Head Constable Revanna (PW-9) arrested the accused at Suntikoppa market and produced him before PW-14, who seized the underwear of the accused vide mahazer (Ex.P-5) prepared in the presence of panch witnesses. The accused was sent for medical examination. Dr. Shivaram Naik (PW-16) examined the accused and furnished Certificate (Ex. P-10). Further investigation of this case was taken over by Dy.S.P. Sathyanarayana Rao (PW-17). After completion of the investigation, a charge sheet was filed before CJM, Madikeri against the accused for an offence punishable under Section 376, IPC. The learned CJM committed the case to the Sessions Court.;