NANJUNDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellant -accused No.2 praying to set aside the judgment of conviction and order of sentence dtd. 30/8/2013 passed in S.C.No.79/2011 by the II Additional District and Sessions Judge, Mysore under which the appellant -accused No.2 has been convicted for the offence punishable under Sec. 366A of Indian Penal Code (herein after referred as 'IPC' for brevity) and sentenced to undergo simple imprisonment for a period of two years and pay fine of Rs.5,000.00 in default to undergo simple imprisonment for a period of 04 months.

(2.) The factual matrix of the prosecution case is that the complainant-father of the victim (P.W.2) and accused No.1 were acquainted with each other. Accused No.1 being interest in marrying the victim-P.W.2 requested for matrimonial alliance through P.W.4. The parents of P.W.2 refused matrimonial alliance. Therefore, accused No.1 grudge against the victim, P.W.4 and family members. On 16/9/2010 when P.W.2-victim was in Mallahalli village that is her grand parents house and she went out of house along with Mamata-P.W.3 to attend nature's call, at that time accused No.1 accosted victim girl and induced her to accompany with him. When she refused, he threaten to kill her and her father. Therefore, the victim girl accompanied with accused No.1 on motor bike and accused No.2 who is appellant herein was also traveled with them in the same motor vehicle. The family members of the victim-P.W.2 on coming to know the same came near petrol bunk in Kullahalli village. There, accused Nos.1, 2 and victim were present in the petrol bunk. The father of the victim girl refused to take her back to his residence because the panchayath was inconclusive. Therefore, she resided in Sri Mahadevaswami's house. During that night i.e. on 16/9/2010 accused No.1 committed forcible sexual intercourse on the victim girl. The father of the victim girl has filed the complaint and case came to be registered against accused No.1 and appellant -accused No.2 for offence punishable under Ss. 366A and 506 of IPC. After investigation charge sheet came to be filed against this appellant -accused No.2 and accused No.1 for offence punishable under Ss. 366A, 376, 506 and 114 read with Sec. 34 of IPC.

(3.) The Sessions Court after receipt of records from the committal Court framed charges for the said offences. The prosecution in order to prove the charges examined witnesses as P.W.1 to P.W.27 and got marked Ex.P1 to P30 and M.O.1 to 13. The statement of accused came to be recorded under Sec. 313 of Cr.P.C. The application by the prosecution for altering the charge came to allowed and charge for offence punishable under Sec. 366A of IPC framed against accused No.1 and came to be amended. Amended charge has been framed against accused No.1 for offence punishable under Sec. 366 of IPC. The trial Court after hearing arguments on both sides has convicted the accused No.1 for offence punishable under Sec. 366, 376, 506 of IPC and appellant -accused No.2 for offence punishable under Sec. 366A of IPC. The said judgment of conviction has been challenged in this appeal.