O V MAMACHAN @ MATHEW Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dated 02.07.2005 passed by the II Additional Sessions Judge, D.K. Mangalore, in S.C. No. 43/2004 convicting him for the offences punishable under Sections 376 and 506 of I.P.C. and sentencing him to undergo Simple Imprisonment for ten years and to pay fine of Rs. 10,000/- for the offence punishable under Section. 376 of I.P.C. and Simple Imprisonment for three years for offence punishable under Section 506 of I.P.C. The Case of the prosecution is as under:

(2.) On committal of the case to the Court of Sessions, the appellant/accused pleaded not guilty for the charges levelled against him and claimed to be tried. In order to bring home the guilt of the accused for the charges levelled, the prosecution examined PWs. 1 to 16 and relied upon documentary evidence-Exs. P.1 to P.26. Apart from denying all the incriminating circumstances appearing against him in the evidence of the prosecution witnesses, by way of defence the accused examined DWs. 1 & 2 and relied on documentary evidence marked as Ex. D1. The defence of the accused was one of total denial and that of false implication. It was his further defence that he was residing in one of the line houses along with his mother and two children and he has not committed any acts of rape on PW. 8 as alleged.

(3.) After hearing the learned Counsel appearing on both sides and on assessment of oral as well as documentary evidence, the learned Sessions Judge by the judgment under appeal held that the evidence on record has established beyond reasonable doubt that the accused committed acts of rape on PW. 8 after dragging her from near the well to the kitchen inside his house and by threatening her and putting her under fear of death of herself and her parents, committed acts of rape on her. In this view of the matter, the learned Sessions Judge convicted the appellant/accused for the aforesaid offences. Aggrieved by the said judgment of conviction and order of sentence, the accused is in appeal before this Court.