Arijit Pasayat, J. - (1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court upholding the conviction of the appellant for offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the ('IPC') and sentence of five years rigorous imprisonment as imposed by learned IInd Additional Sessions Judge Dakshina Kannada, Mangalore in SC No. 41 of 1993.
(2.) Background facts in a nutshell are as follows: The appellant with three other accused stood tried before the IInd Additional Sessions Judge, Mangalore in S.C. No. 41 of 1993 on the accusation that the accused No. 1 about nine months earlier to 16.10.1992 at House No. 2/92, Vishnunagar of Kelarkalabettu, Udupi Taluk committed rape of PW8, daughter of the complainant Kalyani Bai (PW1) by inducing her to have sexual intercourse on the false promise of marrying her and committed the offence punishable under Section 376 IPC and accused Nos. 1 to 4 on 16.10.1992 at about 10 pm entered into the house of complainant and committed criminal intimidation by threatening PW1 and her daughter (PW8) with dire consequences and threatened to do away with their lives and thereby committed offences punishable under Sections 448, 506 read with Section 34 IPC. All the accused pleaded not guilty and claimed to be tried. The prosecution examined PWs. 1 to 12 and got marked Exs. P1 to P14. The statement of the accused under Section 313 Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.') was recorded. The accused did not lead any defence evidence.
(3.) Primary stand before the High Court was that the victim was more than 16 years of age and she had consented to the act. The High Court did not accept the plea and upheld the conviction as recorded.;