RAJA NAIKA Vs. STATE OF KARNATAKA BY SHIRALAKOPPA POLICE

JUDGEMENT

(1.) CRL . A. No. 1609 of 2004 Is filed by accused Nos. 1, 3, 4 and 6 and Crl. A. No. 438 of 2006 is filed by accused Nos. 2 and 5 In S.C. No. 13 of 2002 challenging the judgment dated 27.10.2004 passed by the Principal Sessions Judge, Shimoga convicting the appellants for the offence punishable under Section 376 (2) (g) IPC and sentencing each of them to undergo R.I. for a period for 10 years and pay a fine of Rs. 1,000/ - in default, to suffer S.I. for another period of 2 months with a further direction to pay compensation of Rs. 4,000/ - to the victim.

(2.) THE case of the prosecution is that on 19.11.2001 at about 9.00 p.m., the accused were waiting in the backyard of residence of the victim situated at Koratakere Thanda, Shikaripura taluk of Shimoga district and while she came there to tether the Ox, the accused abducted her and carried her forcibly to a place on the field of Koratagere Thanda, they laid her down on the ground and they gang raped her one after another despite her resistance and each of the accused had forcible sexual intercourse with her, thereby, they are alleged to have committed an offence under Section 376(2) (g) of IPC.

(3.) THE defence of the accused was one of total denial. They have examined DW. 1 Harigya Naik and produced Exs. D1 to D6 in their defence. However, after hearing the prosecution and the defence, the learned Sessions Judge was pleased to find the accused guilty for the offences charged against them and has convicted the appellants and sentenced them as aforesaid. It is the said order of conviction that has been challenged by the accused in this appeal.