RAMESH SRISHAIL SASNUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the conviction and sentence dated 13.12.2007 passed by II Addl. Sessions Judge, Bijapur in Special Case No.60/2004 convicting the accused No.1 and sentencing him to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.35,000/- in default to undergo Simple Imprisonment for one year for the offence punishable under section 376 of the Indian Penal Code, convicting and sentencing him to undergo two years Rigorous Imprisonment and to pay fine of Rs.2,500/- , in default to undergo Simple Imprisonment for four months for the offence punishable under section 506 of the Indian Penal Code, the accused No.1 has filed the present appeal.

(2.) The case of the prosecution is that the father of the victim, namely PW 1, is the complainant. That he is a coolie by profession and is residing with his wife and children. His second daughter is aged 13 years. About 4-5 months prior to lodging of the complaint his daughter Savitri, left home at around 08.30 a.m. to bring grass for the cattle. At about 03.30 p.m. she came back to the house weeping and stated before the complainant and her mother, namely PW 3, that while she was alone in the land accused No.1 caught hold and dragged her, threatened to kill her if she raised her voices. He committed rape on her and assured that he would marry her. Thereafter the complainant, his wife and others went to the house of accused and enquired with them. They were not entertained. On the contrary accused No.2 and 3 abused them by taking the name of their caste. It is the further case of the complainant that subsequently he went to the Police Station and lodged a complaint vide Ex.P-1. The investigation was taken up. Charge was framed against the accused No.1 for the offences punishable under sections 376 and 506 of the Indian Penal Code and under Sections 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Accused Nos. 2 and 3 were charged for the offences punishable under sections 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w section 34 of the Indian Penal Code. The trial court by the impugned judgement acquitted accused Nos. 2 and 3. Accused No.1 was convicted for the offences charged against him. He was sentenced to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.35,000/-, in default to undergo Simple Imprisonment for one year for the offence punishable under section 376 of the Indian Penal Code. He was convicted and sentenced to undergo two years Rigorous Imprisonment and to pay a fine of Rs.2,500/-, in default to undergo simple Imprisonment for four months for the offence punishable under section 506 of the Indian Penal Code. Aggrieved by the same, the present appeal is filed by the accused No.1.

(3.) Sri.R.S.Lagali, the learned counsel appearing for the appellant contends that the impugned judgement is erroneous and liable to be set aside. The reasoning assigned by the trial court is based on surmises and conjectures. That the trial court has given undue importance to the offence alleged against the appellant.