NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused No.1 against the judgment of conviction and order of sentence passed by the Principal District and Sessions Judge, Haveri in Spl.S.C.No.27/2014 dated 17.06.2017.

(2.) We have heard the learned counsel Sri. Girish S. Hulamani, who has been appointed by the High Court Legal Service Committee to conduct the appeal, by virtual hearing and we have also heard the learned Addl. SPP Sri. V. M. Banakar for the respondent-State.

(3.) It is alleged in the complaint that accused No.1, who is the husband of the complainant, and their children Ranjitha and Raju were living in Bharadi village. The husband of the complainant was addicted to bad vices and every day he used to consume alcohol and used to subject the complainant to cruelty both physically and mentally by abusing and assaulting her. In that light, on 04.03.2014 at about 12.00 midnight, accused No.1 knowing fully well that his daughter Ranjitha is minor, with an intention to have sex with his own daughter, showed sickle to the complainant and committed criminal intimidation by threatening the complainant to finish her off and had sexual intercourse with her daughter. It is further alleged that on 29.08.2014, accused No.1 took his daughter Ranjita to Harihar by saying that he will provide treatment to his daughter for jaundice. During that time, he repeated sexual intercourse with his own daughter many dates in many places and committed aggravated sexual assault on her. It is further alleged that, accused No.2 supported the act of accused No.1 and requested the complainant not to file any complaint against accused No.1 with an intention to cause disappearance of the evidence. It is further alleged that, because of the sexual act of accused No.1, the minor victim girl sustained injuries on her private parts. After coming to know about this fact, the woman helpline got admitted the victim to the hospital and subsequently the complainant has lodged the complaint. On the basis of the complaint, a case has been registered in Crime No.129/2014. Thereafter after investigation charge sheet came to be filed.