T P KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dated 23.08.2005 passed by the Presiding Officer, Fast Track Court-III, Shimoga, in S.C. No.48/2003 convicting him for the offence punishable under Section 417 of IPC and sentencing him to undergo Rigorous Imprisonment for three months and also to pay fine of Rs.10,000/-.

(2.) The appellant was chargesheeted by the Rural Police, Bhadravathi, for the offences punishable under Section 376 & 417 of IPC inter alia alleging that about 7 to 8 moths prior to 06.01.2003 on one day at about 11.00 p.m., the accused being the neighbourer, knocked at the door of the victim-PW.1 situated in Gangur village in Bhadravathi Taluk, where the victim alone was sleeping and when the victim opened the door, the accused gained entry into the house, bolted the door from inside and by promising to marry the victim, had sexual intercourse with her and on subsequent days also the accused had sexual intercourse with the victim by promising to marry her, as a result of which, the victim became pregnant and when the victim informed the accused about the pregnancy and insisted him to marry her, he refused to marry, instead he asked her to have the pregnancy terminated, and thereby the accused cheated PW.1 and committed the aforesaid offences.

(3.) In respect of this incident, according to the prosecution, PW.1 lodged a written report as per Ex.P1 on 06.01.2003, based on which the police registered the case for the aforesaid offences and took-up investigation.