MAHESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Deputy Superintendent of Police, Kudligi Sub - Division, Bellary District, has laid a charge sheet against the accused for the offence punishable under Section 376 of IPC and also u/s.3(1)(X)(XI) and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE accused was arrested on 4.9.2011 on the date of the incident itself and since then, he has been in Judicial Custody. After committal proceedings, the Sessions Judge held the trial and held the accused guilty for the above said offences and sentenced him to undergo Rigorous imprisonment for a period of ten years and to pay a fine Rs.50,000/ - and in default to undergo Simple imprisonment for another 1 1/2 years for the offence punishable under Section 376 of IPC. The said judgment and sentence passed in Special Case No.80/2011 is called in question before this Court.

(3.) AFTER analysing the entire materials on record, the Trial Court has passed the judgment of conviction and sentenced the accused for the offence under Section 376 of I.P.C. The charges framed against the accused disclose that the accused was charged for the offences punishable under Section 376 of IPC and also u/s.3(1)(X)(XI) and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.