NAZARULLA. S/O ABDUL GHANI SAB Vs. STATE OF KARNATAKA BY DANDINA SHIVARA POLICE TURUVEKERE TALUK, TUMKUR DISTRICT

JUDGEMENT

(1.) THIS appeal has been filed by the accused challenging the judgment dated 10th November, 2004 passed by the II Addl. Sessions Judge, Tumkur, in S.C.No. 127/98 convicting the appellant of the offence under Secs. 448 and 376 IPC and sentencing him to undergo rigorous imprisonment for one year for the offence under Sec. 448 IPC and rigorous imprisonment for 7 years and to pay a fine of Rs. 1000/ - for the offence under Sec. 376 IPC with default clauses.

(2.) IT is the case of the prosecution that on 6.7.1995 at about 2 p.m., the accused illegally entered the pump house of CW -1 Smt. Haseen Banu situated in Puramanikere in Sy. No. 114/2 with an intention of committing rape on her and thereafter, he has committed rape on Smt. Haseena Banu thereby he is alleged to have committed an offence under Secs. 448 and 376 IPC.

(3.) HEARD Sri Hashmath Pasha, the learned counsel for the appellant and Sri Sathish R Giriji, learned HCGP for the State.