S K RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (accused) was tried for offences punishable under Sections 323, 376, 448 and 506 IPC. The learned Sessions Judge acquitted accused of an offence punishable under Section 376 IPC and convicted accused for offences punishable under Sections 323, 354, 448 and 506(b) IPC. Therefore, he is before this Court.

(2.) I have heard Sri Anil Kumar, learned counsel for accused and learned Government Advocate for State.

(3.) THE learned Sessions Judge has disbelieved the evidence of victim (PW5 Kum.Prakruthi), PW6 Lalithamma (mother of victim) and PW8 Nagaraju (father of victim) that accused had committed rape on PW5. However, the learned Sessions Judge relying on evidence of victim (PW5) has convicted accused for an offence punishable under Section 354 IPC. The learned Sessions Judge has held that accused had kicked victim and caused hurt to her. Therefore, held the accused guilty of offence punishable under Section 323 IPC. The learned Sessions Judge holding that accused had threatened the life of victim, held the accused guilty of an offence punishable under Section 506(b) IPC. The learned Sessions Judge relying on the evidence adduced by prosecution has held that accused had trespassed into house of victim and the accused is guilty of an offence punishable under Section 448 IPC. The first information of the incident was lodged at 7.30 p.m. on 24.9.2006 alleging that on 24.9.2006 at 4.00 p.m., when victim (PW5) was alone in her house in Sabbanakuppe village, accused trespassed into their house in a state of intoxication and kicked victim by scolding her that her parents have not withdrawn the case filed against him. The accused tore her nighty and held out threats to her life. In the meanwhile, PW6 Lalithamma (mother of victim), PW2 Nagaraju S/o Channegowda and his paternal cousin Nagaraj came there, accused after seeing them ran away from house. The matter was informed to PW1 S.M.Nagaraj who told father of victim that it was not possible to solve the problem at village level, therefore, they should lodge the first information.