RAVI Vs. STATE OF KARNATAKA BY GONIBEEDU POLICE

JUDGEMENT

(1.) THE appellant/accused has preferred this appeal challenging the legality and correctness of the judgment and order dated 6.10.2008 passed in S.C. No. 16/2008 by the Sessions Judge and Presiding Officer, FTC - II, Chikmagalur, convicting him for the offences under Sections 376 and 506 - II of IPC and sentencing him to undergo imprisonment for life till his death and to pay fine of Rs. 3,000/ - , in default to undergo S.I. for two years for the offence punishable under Section 376 of IPC and to undergo R.I. for five years and to pay fine of Rs. 1,000/ -, in default to undergo S.I. for one year for the offence punishable under Section 506 - II of IPC.

(2.) THE brief facts of the case are: - The accused has been tried on the charges for the offences punishable under Sections 376 and 506 - II of IPC. It is alleged that on 22.10.2007 at about 10.30 a.m. and at 12 noon near Henchalige at Gurjar Estate coming within the jurisdiction of Gonibidu police station, the accused committed rape on his minor daughter Ambika, aged about 13 years, and after committing rape, he also threatened her with dire consequence not to reveal the same to anybody and there by has committed the aforementioned offences.

(3.) THE accused in his examination under Section 313 Cr.P.C. denied all the incriminating circumstances that were put to him found in the evidence of the prosecution witnesses. He also submitted that he has no defence evidence to lead. Total denial of the prosecution case is the defence of the accused.