H CHANDRAKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal by the accused in Sessions Case No. 12 of 1991 is directed against the judgment of conviction and sentence passed by Additional Sessions Judge, Chitradurga, dated 6-12-1995 wherein the accused-appellant have been found guilty of offence for having committed the offence punishable under Sections 450, 323 and 376 read with section 34 of the IPC, and have been sentenced to undergo RI for one year and to pay fine of Rs. 1,000/- and in default to undergo further RI for three months for the offence punishable under Section 450 read with section 34, IPC, and to undergo SI for two months for the offence punishable under Section 323 read with Section 34 of the IPC and to undergo rigorous imprisonment for 2 years each and to pay fine of Rs. 2,000/- each and in default to undergo RI for six months.

(2.) THE facts of the case in brief leading upto this appeal are as follows:

(3.) THE accused pleaded not guilty and claimed to be tried. The prosecution examined P. Ws. 1 to 10 and got marked Exs. P. 1 to P. 10 and m. O. 1. The learned Sessions Judge recorded the statement of the accused under Section 313 of the Cr. P. C. The accused did not lead any defence evidence. The defence of the accused as suggested to the prosecutrix is that she was not raped by the accused and a false complaint has been foisted against the accused by the Police. The accused did not lead any defence evidence.