GOPINAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred to as accused) was tried and convicted for offences punishable under Sections 376 and 341 I.P.C. Therefore, he has filed this appeal.

(2.) I have heard Sri S.K. Venkata Reddy -learned Counsel for appellant -accused and Sri Vijaykumar Majage -learned Government Pleader for the State.

(3.) IT is the case of prosecution that during the year 1995, P.W. 1 was aged about 12 years and she was grazing the sheep. On 29.12.1995, P.W. 1 and accused, P.W. 4 -Lalu Naik and one Gopi were grazing their sheep in a land near Jajurayanahalli. At about 2.30 -3.00 p.m., Gopi s/o Gyananaika, P.W. 4 -Lalu Naik s/o Kunte Ramanna returned to village to take food. At that time, P.W. 1 and accused were grazing their sheep near a place called Govinakatte. The accused took P.W. 1 on the pretext of plucking and getting her tamarind fruits. The accused climbed tamarind tree and plucked tamarind fruits and gave them to P.W. 1. The accused suddenly felled P.W. 1 and committed rape on P.W. 1 despite protests by P.W. 1. P.W. 1 somehow managed to escape from the clutches of accused and proceeded towards her village. On the way, she met one Pujari Naik and Lalu Naik and informed them about the incident. They questioned the accused, the accused did not express regrets for what he had done, on the other hand he told that he would not leave any woman except his own sister. P.W. 1 reached the house, her father P.W. 7 -Sevya Nayaka and mother P.W. 8 -Shalibai were not in the house and she informed the matter to some of the elders of village.