NIJALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who has stood convicted for the offences under sections 376 and 506 IPC and sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs.10,000/- and rigorous imprisonment for two years with fine of Rs.2,000/- for the said offences respectively has preferred this appeal questioning the correctness of the judgment dated 28.1.2014 passed by the Additional District and Sessions Judge, Chitradurga, in S.C.33/2013. The trial court has directed the appellant to pay an amount of Rs.1,00,000/- to PW1 towards compensation in accordance with section 357 Cr.P.C.

(2.) The prosecution case is that on 30.11.2012 PW1 carried lunch to her parents who were working in their agricultural fields. At about 4.00 PM when she was returning to the house, as she came near Gangehalla @ Handihalla, the appellant came from behind, caught hold of her, gagged his towel into her mouth, and forcibly taking her to a place at some distance, committed rape on her. This incident being reported to the police on 11.12.2012 resulted in investigation and charge sheeting the accused.

(3.) The trial court has found that the testimonies of PW1, 4, 5, 19 and 20 are believable as they are trustworthy and there are no improbabilities in their evidence. The evidence of the prosecutrix, i.e., PW1 inspires confidence although there is no corroboration from medical evidence. To some extent there is corroboration to the testimony of PW1 from the evidence given by PW4, 5, 19 and 20 as also the investigating officer examined as PW21. Therefore the trial court recorded a finding that the prosecution was able to prove its case beyond reasonable doubt for the offences punishable under sections 376 and 506 IPC.