D. GANESH Vs. STATE OF KARNATAKA BY HIRIYUR POLICE, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 14.03.2006 passed by the Additional Sessions Judge, Fast Track Court, Chitradurga in S.C. No. 81/2005 convicting the appellant for the offence under Section 366 (A), IPC and sentencing him to undergo R.I. for 5 years and to pay a fine of Rs. 5,000/ -, in default to undergo R.I. for a further period of 3 months.

(2.) THE case of the prosecution is that, on 15.08.2002 at about 12.00 noon, the appellant along with four others induced the victim Shruthi, a girl aged about 15 years to come from one place to another intending that the said Shruthi may be forced for illicit intercourse with the appellant. Thereby, all the five accused are charged for the offence committed under Section 366 (A) IPC.

(3.) THE prosecution in order to prove the case has examined in all 16 witnesses and got marked Exs -P1 to P9. The defence of the accused was one of total denial. However, they have got marked Exs -D1 and D2 being a part of the statement of PWs -2 and 3.