NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused/appellant filed the present Criminal Appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and Order of conviction and sentence dated 14/18.11.2014 made in S.C. No.161/2013 on the file of the VI Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, convicting the accused and sentencing him to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/- and in default to pay the fine amount, to undergo further simple imprisonment for two months, for the offence punishable under Section 448 of the Indian Penal Code; to undergo rigorous life imprisonment and to pay a fine of Rs. 5,000/-, in default to pay the fine amount, to undergo further simple imprisonment for two years for the offence punishable under Section 376 of the Indian Penal Code; to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default to pay the fine amount, to undergo further simple imprisonment for two years for the offence punishable under Sections 392 r/w 397 of the Indian Penal Code; to undergo simple imprisonment for one year and to pay a fine of Rs. 1,000/-, in default to pay the fine amount, to undergo further simple imprisonment for six months for the offence punishable under Section 506 of the Indian Penal Code.

(2.) It is the case of the prosecution that the complainant/P.W.1- Smt. Mary D'souza is resident of Door No.7/63/13 situated at Saripalla house, Alape village, Mangaluru Taluk. On 14.07.2013, at about 7.15 pm, the accused called P.W.1 as 1 (grand mother, grand mother) from the back door of her house. When P.W.1 opened the door, the accused trespassed into her house by holding a knife, threatened her not to shout, otherwise, he will kill her and dragged her to the bed room, forcibly removed her clothes and committed sexual intercourse, against her will. After committing rape, he robbed cash of Rs. 5,500/- and jewellery worth Rs. 51,000/- from the vanity bag kept in the almirah and ran away from the house. Therefore, she came out shouting 2 (thief, thief) by covering with a piece of cloth. It is further case of the prosecution that on the next day, i.e., on 15.07.2014, C.W.26/ P.W.21-Ravish, Police Inspector, arrested the accused, seized the cash and jewels from his possession and produced the accused before the Court who was remanded to judicial custody. The Investigating Officer recorded the statement of the witnesses, secured report from the Doctor and Forensic Science Laboratory. After completion of the investigation, P.W.21 filed charge sheet against the accused before the Magistrate, who, took cognizance of the offences in C.C.No.3422/2013 and committed the matter to the Prl. District and Sessions Judge, Mangaluru.

(3.) In order to bring home the guilt of the accused, the prosecution examined P.Ws.1 to 21 and marked Exs.P.1 to P.23(a) and M.Os.1 to 18. After completion of evidence of prosecution witnesses, the Court recorded the statement of the accused under Section 313 of the Code of Criminal Procedure by explaining the incriminating materials appearing against him. The accused denied all incriminating evidence made against him by the prosecution and filed additional statement under Section 313(5) of the Code of Criminal Procedure and did not choose to lead any defence evidence.