STATE OF KARNATAKA Vs. HARIJANARA SIDDARAJU

JUDGEMENT

(1.) The present appeal is filed by the State under Section 377 of Cr.PC., seeking modification of the order of sentence passed by the learned III Addl. District and Sessions Judge, Kodagu at Madikeri dated 17.2.2016 made in SC No.25/2011 and sought for enhancement of the sentence for the offence punishable under Section 376 and 506 of IPC.

(2.) A Charge sheet came to be filed against the respondent-accused herein alleging that on 28.12.2009 within the limits of Srimangala Police Station, in the house of the accused at Thavalageri village of Guttugolli Paisari, the accused driven away CW-4 who is the grand mother of the victim and taking advantage of the loneliness of the victim at home, entered into the bedroom, where the victim was sleeping gagged her mouth by stuffing cloth to her mouth and assaulted the victim by hands and had a forcible sexual intercourse on her and thereafter, threatened the victim not to disclose the incident to anybody and in the event she discloses the same, he gave a life threat to take away her by showing the sickle.

(3.) On the basis of the complaint filed by victim girl in the case, Srimangala police, Kutta circle, Virajpet Taluk, Kodagu District, registered a case in Crime No.125/2010. It is contended that the investigating agency after registration of the case, conducted a detailed investigation and filed charge sheet against the accused for the offence punishable under sections 376 and 506 of IPC.