RAJESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 374 Cr.P.C. by the Advocate for the appellant praying that this Hon'ble Court may be pleased to set aside the judgment and order of conviction and sentence dated: 30.03.2009/02.04.2009 passed by District and Sessions Judge, Kodagu, Madikeri and incharge Presiding Officer of Fast Track Court, Madikeri in Sessions Case No.58/2006-convicting the appellant/accused for the offence punishable under Sections 376 (2)(f), 323 and 506 (ii) of IPC, and for having committed an offence punishable under Section 376 (2) (f) the appellant/accused is sentenced to undergo R.I. for ten years and also to pay fine of Rs.35,000-00 (Rupees Thirty Five Thousand only), for having committed an offence punishable under Section 323 OF IPC, the appellant/accused is sentenced to undergo S.I. for a period of six months and for having committed an offence punishable under Section 506(ii) of IPC, the appellant/accused is sentenced undergo S.I. for a period of six months.

(2.) The contents of First Information Report is as under:

(3.) The contents of the complaint further discloses that on 01.06.2006 Thursday, herself, her sisters and brother went to coolie work at 8.00 a.m. On that day, Rajesh expressed that he was suffering from body pain and saying so, he stayed at home along with her daughter Vidya. He did not go to coolie work. Complainant went to coolie work and at 6.30 p.m, she returned to house and her daughter, victim was crying. She went inside and saw Rajesh had removed his underwear and kept her daughter, victim on his thigh and he was scrubbing the private part of the child with his private part and thereby committed sexual assault on the child. She went and snatched the child. At that time, Rajesh assaulted her and her daughter. He also threatened that he will not leave her, in case, if she narrates this incident to any third person. He also threatened that he will kill her. By that time, her sisters and brother came there. They also scolded him. He threatened that he will kill them. Private part of her child was reddish in colour, she had difficulty in passing urine and she was crying. She was frightened since Rajesh threatened her. She brought the child to the hospital on 03.06.2006.