PARASHURAM S/O BEERAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 3.4.2006 passed by the Sessions Judge, Davangere in S.C.No.104/2005, convicting the appellant for the offence under Section 376 IPC and sentencing him to undergo R.I. for 7 years and to pay a fine of Rs. 10,000/- in default of payment of fine, in default to undergo R.I. for six months and further convicting him for an offence under Section 506(2) of IPC and sentencing him to undergo R.I. for two years and to pay a fine of Rs. 5,000/- in default to undergo R.I. for three months with a direction that both the sentences shall run concurrently.

(2.) It is the case of the prosecution that on 29.4.2005 at about 2 p.m. in S.P.S.Nagar, Budal Road, Davanagere, the appellant enticed the victim and took her forcibly in an autorickshaw to the TV Station in the outskirts of Davanagere Town and thereafter he took her to a sugarcane field situated at Sy.No.217 and there he committed forcible sexual intercourse on her and thereafter threatened her that if she were disclosed these facts to any person, she would be killed, thereby the appellant is alleged to have been committed the offences under Sections 376 and 506(1) of IPC.

(3.) The prosecution in order to prove the case has examined in all 14 witnesses, got marked documents as per Exs.P1 to P19 and MOs.1 to 5. The defence of the accused was one of total denial. However, by the impugned Judgment, the learned Sessions Judge convicted the accused and sentenced him as aforesaid.