MANSOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Principal District and Sessions Judge, Davanagere in S.C.No.59/2009 is the subject matter of this appeal.

(2.) THE case of the prosecution in brief is that, P.W.5 Gangamma, aged about 15 years is the victim in the matter; the accused/appellant herein was residing with his parents near the house of the victim; the accused was aged in between 17 to 20 years at the time of the incident; the accused used to tell the victim that he would marry her. At 10.00 a.m. on 25.05.2009, when P.W.5 was going to the house of her friend Pooja on Sangameshwara Road, Harihara, the accused pressurized her to come alongwith him; the accused kidnapped the victim from the lawful guardianship of her father (P.W.2 Hanumanthappa); the victim was taken by him in a Bus from Harihara to Dharwad; after reaching Dharwad, the accused and the victim stayed in the house of C.W.10 Abbas @ Raja (the wife of C.W.10 Abbas is Smt.Rekha Hosamani P.W.7). Their house was situated near Dyamavva Temple in Jambuvanth Nagar, Dharwad; on 04.06.2009, the accused committed sexual assault on the victim in the house of C.W.10 and P.W.7, when no one else was there in the house; such sexual intercourse was against the will of the victim. P.W.6 the brother of the victim having come to know that the victim was staying at Dharwad alongwith the accused, went to Dharwad and got back the victim to Harihara i.e. to her parents' place; thereafter, the victim has narrated incident to her parents. Consequently, P.W.2 the father of the victim lodged the first information as per Ex.P1 before P.W.10 PSI, who registered the crime No.137/2009 in Harihara Town Police Station at 9.00 p.m. on 08.06.2009 for the offence under Section 366A of IPC. However, during the course of investigation, after recording the statement of the victim (P.W.5), the offence punishable under Section 376 of IPC was also added. P.W.12 the Deputy Superintendent of Police investigated the crime and laid the chargesheet.

(3.) THE accused/appellant was charged with offences under Sections 366, 376 of IPC and Section 3(2)(v) of SC/STs (P.A) Act, 1989.