SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused in S.C. No.616/2006 on the file of Court of Fast Track (Session) Judge-V, Bengaluru City, whereby he was convicted and sentenced for the offences punishable under Sections 366 and 376 of IPC.

(2.) I have heard Sri. D.Sheshadri, learned counsel appearing for the appellant and Sri. K.Nageshwarappa, learned HCGP for the respondent-State.

(3.) The prosecution has alleged that on 31.03.2006 at about 8.30 a.m. the accused kidnapped the prosecutrix, a minor girl aged about 16 years and took her to Chikabidarakalu near Tumkur road, and committed rape on her. It is also alleged that the accused induced the prosecutrix with a promise of marriage and cheated her and thereby he committed the offences punishable under Sections 366, 417 and 376 of IPC. In order to substantiate its case, the prosecution in all examined P.Ws.1 to 17 and got marked Exs.P1 to 13 and M.Os.1 to 7. The defence got marked Ex.D1. The learned Sessions Judge by Judgment and Order dated 15.11.2010 convicted the accused for the offences punishable under Sections 366 and 376 of IPC and acquitted him of the offence under Section 417 of IPC. The accused was sentenced to undergo simple imprisonment for a period of 3 years and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of 6 months for the offence punishable under Section 366 of IPC. The accused was sentenced to undergo simple imprisonment for a period of 7 years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one year for the offence punishable under Section 376 of IPC. Aggrieved by the aforesaid Judgment and Order of conviction and sentence passed by the trial Court, the present appeal has been preferred.