SHYAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (accused) was tried and convicted for offences punishable under Sections 376 and 506 (ii) IPC. The appellant has been sentenced to undergo imprisonment for a period of eight years and pay fine of Rs.50,000/ - with default sentence to undergo imprisonment for a period of four months for an offence under Section 376 IPC. The appellant has been sentenced to undergo imprisonment for a period of one year for an offence under Section 506(ii) IPC. The learned Sessions Judge has ordered that substantive sentence of imprisonment shall run concurrently. Accused No.2 was a juvenile as on the date of offence and therefore, he was sent to juvenile justice court.

(2.) I have heard Smt.Budrunnisa, learned counsel for the accused and learned SPP for the State.

(3.) THE prosecution has produced the school admission certificate (Ex.P18) of the victim wherein, the date of birth of victim is shown as 11.6.1993. Thus, as on the date of incident, the victim was less than 16 years of age. In the circumstances, the contention of the accused that victim was a consenting party cannot be accepted.