JAGADISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dtd. 26/4/2018 passed in S.C No.52/2017 by V Additional District and Sessions Judge, Shivamogga Sitting at Sagar, convicting the appellant/accused for the offences punishable under Ss. 376(2)(l) and 506 of IPC, sentencing to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.15,000.00 for the offence punishable under Sec. 376(2)(l) of IPC and to undergo simple imprisonment for a period of six months for the offence punishable under Sec. 506 of IPC.

(2.) The factual matrix of the case are that:- PW.1 victim girl is the complainant and she is residing with her mother, brother, sister-in-law and their children in Karadigere Village of Soraba Taluk. PW.1 is blind and she is staying at home and her mother, brother and sister-in-law were going for coolie and her brother's children are also going to school. The appellant was the accused and he was neighbor of the victim girl and he used to go to their house oftenly, when victim girl was alone. The victim girl asked him many times not to come to their house when she is alone. In spite of that, he used to come to her house when she was alone.

(3.) On 18/3/2016 at about 12.00 Noon, the appellant/accused came to the house of the victim girl when she was alone and asked her to give him empty bottle for filling petrol. He entered the house when the victim girl was going near the granary, came behind her and caught hold her. When she tried to scream, he threatened her and covered her mouth tightly and he had forcibly had sexual intercourse with her. He threatened her not to disclose this incident to anyone, otherwise, he is going to put the act which he committed, in the internet through mobile. The victim girl did not disclose this incident to her family members and after 3 months, she told the incident to her mother and other family members. Thereafter, a complaint came to be filed by her as per Ex.P6. A case came to be registered and after investigation, the police filed charge sheet against the accused/appellant for the offences punishable under Ss. 376(2)(l) and 506 of IPC. The case has been committed to the Court of Sessions.