MOHAMMED YUSUF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 16.1.2010, passed by the Fast Track Court No. 8, Bangalore City in S.C. No. 1064/2006 convicting the appellants for the offence punishable under Section 376 read with 34 IPC and sentencing them to undergo R.I. for 7 years and to pay fine of Rs. 5,000/ - each in default of payment of fine, to undergo R.I. for a period of one year six months.

(2.) THE case of the prosecution is that on 12.8.2006, the accused entered into the house of C.W. 1 Sunitha wife of Rehamath Ali, who were residing in Koramangala, within the limits of Koramangala Police Station and thereafter, committed rape on the said Smt. Sunitha against her will and without her consent, thereby, they are alleged to have committed offence punishable under Section 376 read with 34 IPC.

(3.) THE defence of the accused was one of total denial. However, after hearing the prosecution and the defence, the learned Sessions Judge was pleased to convict the appellants and sentenced them as herein before mentioned. The convicted accused have filed this appeal.