BACHHI REDDY S/O. VENKATESHAPPA 26 YEARS, R/O.PAPENAHALLI MITTEMARI HOBLI BAGEPALII TALUK Vs. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION.

JUDGEMENT

(1.) THE appellant (accused) in Criminal Appeal No. 2360/2005 has been convicted and sentenced to undergo imprisonment for a period of two months and pay a fine of Rs. 5,000/ - for an offence punishable under Section 354 IPC and also convicted and sentenced to undergo imprisonment for a period of one week and pay a fine of Rs. 5,000/ - for an offence punishable under Section 341 IPC. Therefore, he has filed Crl.A.No. 2360/2005.

(2.) THE State has tiled Criminal Appeal No.702/2006 inter alia contending that the respondent -accused should have been convicted for an offence punishable under Section 376 IPC. The State, as an alternative measure, has filed Criminal Appeal No.701/2006 for enhancement, of sentence imposed for an offence punishable under Section 354 IPC.

(3.) THE appellant is alleged to have committed rape on victim (PW -1) at about 12.30 p.m. on 22.9.2003 near the jawar field of one Venkataramanappa, when the victim was returning from school to her village. Papenahalli. The accused is alleged to have wrongly restrained the victim and carried the victim to the jawar field of one Venkataramanappa and committed rape on her. When the victim raised hue and cry, accused ran away from that place. The victim somehow reached her house and informed the matter to her step -mother, Ratnamma (PW -4). Matter was also informed to her father, Marappareddy (PW -3), who on the same day lodged first information and set the law into motion. The victim was subjected to medical examination. The Investigating Officer visited the place of incident, recorded the statement of witnesses. Accused was arrested and on completion of investigation, a final report was filed for offences punishable under Sections 341, 506, 376 r/w. 511 IPC.