NINGAPPA CHIKKAPPA GEJJIYAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused has preferred this appeal being aggrieved and dissatisfied of judgment of his conviction and order of sentence passed in Spl. S.C. No.27/2014 by the I Additional District and Sessions Judge and Special Judge, Haveri (for short 'Trial Court') dtd. 12/1/2021 finding him guilty of committing offences under Ss. 498A, 376, 376(2)(f)(i), 506, 201 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC') and under Ss. 4, 7 and 10 of the Protection of Children from Sexual Offenses Act, 2012 (for short 'POCSO Act'). In view of his conviction he is ordered to undergo sentence as under:

(2.) That one Smt. Honnavva W/o. Ningappa Gejji @ Gejjiyavar resident of the address so stated in the complaint being the wife of the accused submitted a complaint/statement to the P.S.I., Guttal Police Station, Haveri on 30/8/2014 at 5.30 p.m., stating that in her house herself, her husband i.e., accused, children by name Ranjitha i.e., victim girl aged 11 years, son by name Raju aged 07 years in all four persons were residing. She is coolie by profession. Her husband i.e., accused is an agriculturist. Her daughter-victim girl is studying at primary school in 6th Standard at Timmapura. She attends the school by travelling in a bus.

(3.) PW.19-S. Siddarameshwar, the then circle inspector of Haveri Rural Police Station on receipt of transfer of complaint to him took up the investigation. Visited the Haveri District Hospital along with the staff and at that time she was taking treatment at the said hospital in children ward. He enquired her and recorded her statement. On enquiry it was revealed that the accused has committed rape on the said victim girl. On 30/8/2014 itself the PSI, Guttal Police Station produced the accused before the Investigating Officer and he was sent to hospital for the purpose of medical examination. The doctor of the hospital was requested to keep a medical report of the victim girl. He arrested the accused and produced him before the Court. He went to the scene of offence and prepared spot panchanama, recorded the statements of the witnesses. After getting necessary documents and after completion of investigation, the Investigating Officer has filed the charge sheet against both the accused persons for the aforesaid offences. But the records reveal that accused No.2 has already undergone sentence. The facts of undergoing sentence is conceded by both the side. Now, accused No.1 has preferred this appeal.