VITHAPPA BHIMAPPA KOLI Vs. STATE

JUDGEMENT

(1.) The appellant Vithappa Bhimappa Koli (accused) was charged with committing rape on a young girl oi 10 years by name Chandrawwa. The learned Sessions Judge convicted him under S.376 IPC. and in the alternative under S.354 IPC. and sentenced to two years rigorous imprisonment. This appeal is filed by the accused against this conviction and sentence.

(2.) The case for the prosecution was that on 20-10-1970 at about 9 AM. when Chandrawwa, PW.2, was returning back to her house from the house of Bhimappa PW.6 after giving curds sent by her mother and when she was near the land of one Ramappa, the accused came from behind, caught hold of her and bodily lifted her and took her to a ditch nearby and there he removed her langa and committed rape on her. On hearing the cries of Chandrawwa PW.2, the accused ran away from the place. Gadigappa PW.4, the cousin of Chandrawwa came there accidentally and learnt from her about the incident. Both of them, went to the village where she narrated the incident to her mother Bhagawwa PW.5. Then all the three persons met Bhimappa PW.6, uncle of Chandrawwa, and told him about the incident. Bhimappa PW.6 told them to give a complaint to the police patil and accordingly they went to the house of the police patil and found that he was not in the house. Then they went to the house of Sarpanch who was also not present in the house at that time. Then they went to the house of PW.9 Nabisab and informed him about the incident. Thereafter, Chandrawwa was taken on a cycle by Gadigappa PW.4 to the police station at Savalgi where the statement of Chandrawwa was recorded by PW.10 Head Constable who was in charge of the police station as per Ex.P6. On the basis of Ex.P6 the Head Constable PW.10 registered a case at about 1 PM. against the accused for an offence punishable under S.375 IPC. and appears to have sent the FIR. to the Court the same day. He seized the langa (MO.1) which was worn by Chandrawwa under the panchanama Ex.P7. He took the girl to the Health Centre at Savalgi to get her examined by a doctor, but the lady doctor was not available at that time.

(3.) Hiregowda, SI. of Police (PW. 14) took up further investigation at about 10-30 PM. on the same day (20-10-1970). The next day i.e.,on 21-10-1970, he went to Thakkalgi village. The accused was produced by the Police Constable PW.11 Patil before him, who was on beat duty. Hiregowda PW.14 arrested him and sent him to Savalgi with a direction to the Head Constable PW.10 to get the accused examined by PW.1 Dr. Malleshappa. PW.l Dr.Malleshappa examined him and found an abrasion on the glans penis of the accused. He issued a certificate as per Ext. P2 in this behalf. PW.14 Hiregowda directed the Head Constable to take Chandrawwa to Jamakhandi for being examined by a doctor with his memo Ex.P3 dt.21-10-1970. The Head Constable took the girl to Jamakhandi and finding that the lady doctor had gone for training, came back 10 Savalgi and took one more Yadi from the SI. of Police PW.14 (Ex.P4) dt 21-10-1970 and went to Bijapur to get the girl examined by a lady doctor. Although the girl was taken to Bijapur on 21-10-1970. She was not examined on that day or on the following day i.e., 22-10-1970. It is only on 23-10-1970 that Dr. Girija a lady Doctor in the Civil Hospital at Bijpur examined the girl Chandrawwa and issued a certificate as per Ext.P5 stating that there were no injuries on her private parts and opined that there were no signs of rape on the girl Chandrawwa PW.2. After due investigation, the SI. of Police PW. 14 filed the charge-sheet against the accused on the allegation that he committed rape on Chandrawwa PW.2 on 20-10-1970 at about 9 AM.