N.D. RAVEESHA @ RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal has been filed challenging the Judgment dated 27.11.2009 passed by the Fast Track Court -IV at Tumkur in S.C. No. 162/2007 convicting the appellant for the offence under Section 366 -A of IPC and sentencing him to undergo rigorous imprisonment for five years and to pay fine amount of Rs. 20,000/ - in default of payment of fine to undergo further simple imprisonment for three months and further convicting him for the offence under Section 376 of IPC and sentencing him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 30,000/ -, in default of payment of fine to undergo further simple imprisonment for a period of four months and also further convicting him for the offence under Section 417 of IPC and sentencing him to undergo simple imprisonment for one year for the said offence.

(2.) IT is the case of the prosecution that, on 16.08.2007, victim who was aged about 15 years was induced by accused to go to Tiptur alongwith one Bhavya with the knowledge that, it is likely that the victim will be seduced to illicit sexual intercourse after having witnessed the cinema at Tiptur and while returning back to Nagathihalli village, the accused had forcible sexual intercourse with the victim at the place situated behind the school of Nagathihalli. Thereafter, he took her to Heggere near Tumkur during night hours and again he had sexual intercourse with her, thereby, he is alleged to have committed an offence under Section 366 -A of IPC.

(3.) THE prosecution in order to prove the case has examined in all 13 witnesses and got marked Exs.P1 to 19 and produced MOs.1 to 7. The defence of the accused was one of total denial. However, he got marked Exs.D1 and D2 - being portion of the statements of PWs.2 and 4 respectively. The learned Sessions Judge after hearing the prosecution and the defence found that the accused is guilty of the aforesaid offences and sentenced him as aforementioned. It is this Judgment of conviction which has been challenged by the accused in this appeal.