REVANASIDDAPPA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 08.06.2010 passed by the 3rd Additional Sessions Judge, Gulbarga in SC No.320/2009 convicting the appellant for the offences under Section 376 and 450 of IPC and sentencing him to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 4,000/ -, in default to suffer simple imprisonment for a period of three months for the offence under Section 450 of IPC and further sentencing him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 6,000/ - in default to suffer simple imprisonment for six months for the offence under Section 376 of IPC with a direction that both the sentences shall run concurrently and with a further direction that a sum of Rs. 8,000/ - shall be paid to the victim as compensation under Section 357 of Cr.P.C.

(2.) IT is the case of the prosecution that, on 20.07.2009 at about 12.30 in the mid night, accused criminally trespassed into the house of the victim who was sleeping inside her house after knocking the door of the house and thereafter, he has committed forcible sexual intercourse on her, thereby he is alleged to have committed the offences under Section 376 and 450 of IPC.

(3.) THE prosecution in order to prove the case has examined in all 16 witnesses and got marked Exs.P1 to 8 and produced MOs1 to 3. The defence of the accused was one of total denial. However, his defence is that in order to prevent him from visiting the house of one Kalavathi -PW.3 who is the granddaughter of the victim, a false case has been filed by the complainant namely the victim. The trial Court after considering the materials on record found that the accused is guilty of the offences and sentenced him as aforestated. It is this Judgment which is under challenge by the accused in this appeal.