SHEKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(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:

(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.