RAVINDRA @ MARUTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 13.01.2007 passed by the II Addl. Sessions Judge, Belgaum, in S.C. No. 203/2006 convicting the appellant of the offences u/S 376 and 506 of IPC and sentencing him to undergo R.I. for 7 years and to pay a fine of Rs.15,000/- for the offence u/S 376 IPC and to undergo R.I. for one year and to pay a fine of Rs.2,500/- for the offence u/S 506 of IPC with default clauses with a further direction that both the sentences shall run concurrently.

(2.) It is the case of the prosecution that on 28.07.2005 at about 09.00 a.m. the mother of the victim came to know that her daughter has become pregnant and when she questioned, it was disclosed that the accused herein was having repeated sexual intercourse with the victim, as a result of which, she has become pregnant and since the victim aged less than 14 years of age, the accused is charged for having committed an offence u/S 376 of IPC. It is the further case of the prosecution that after committing rape with the victim, the appellant-accused was threatening the victim not to disclose this fact to any person and if she were to disclose the same, he would commit her murder, thereby he is alleged to have committed the offence u/S 506 of IPC.

(3.) In order to prove the case of the prosecution has in all examined 15 witnesses and got marked Ex.P.1 to 17. The defence of the accused is one of total denial. However, by the impugned judgment, the learned Sessions Judge convicted the accused and sentenced him as aforesaid. It is this judgment of conviction that the accused has challenged in this appeal.