G.K. LOKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Assailing the judgment and order dtd. 9/1/2018 passed by the Court of the III Additional District and Sessions Judge, Kodagu, at Madikeri, in S.C.No.37/2014 convicting and sentencing the accused/appellant for offences punishable under Ss. 506 and 376 of IPC and Sec. 3 read with Sec. 25(1B) of the Arms Act, 1959, the accused has preferred this appeal.

(2.) I have heard the learned counsel for appellant, the learned High Court Government Pleader for respondent/State and perused the material on record.

(3.) Brief facts of the prosecution case are as under: The victim/first informant (PW-1) is a resident of Garwale village in Somwarpet taluk, Kodagu district. Accused was sending messages from his mobile phone to the mobile phone of the victim. Initially, he used to send decent messages to her. Thereafter, he started sending vulgar messages. He got deleted the messages sent by him and preserved the messages received from the victim and started threatening her saying that if she did not listen to him, he will inform the matter to her husband and also kill her. On 30/7/2013 at about 9.30 p.m., when the victim was in her house along with her son (PW-8), accused entered her house from the back door, holding a gun. He threatened her showing the gun and dragged her to the front room of the house and pushed her on the cot and committed forcible sexual intercourse with her.