SANNEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant - accused No.1 praying to set-aside the judgment of conviction and order on sentence dtd. 31/10/2011 passed in S.C.No.126/2010 by the II Additional Sessions Judge, Mysuru, whereunder, this appellant - accused No.1 has been convicted for the offences under Ss. 376, 417 and 506 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC'). The appellant - accused No.1 was sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.5,000.00 for the offence under Sec. 376 of IPC; rigorous imprisonment for a period of one year and to pay fine of Rs.5,000.00 for the offence under Sec. 417 of IPC; rigorous imprisonment for a period of two years and to pay fine of Rs.5,000.00 for the offence under Sec. 506 of IPC. The Trial Court has ordered that all the sentences to run concurrently.

(2.) The factual matrix of the prosecution case are as under;

(3.) The police registered the said complaint in Crime No.214/2009 for the offences under Ss. 417, 376, 506 and 114 r/w Sec. 34 of IPC. The police, after investigation, filed the charge sheet against this appellant - accused No.1 for the offences under Ss. 376, 417 506 and 114 of IPC, and filed the charge sheet against accused Nos.2 to 5 for the offences under Sec. 417 r/w Sec. 115 of IPC. After receipt of records from the Committal Court, the Sessions Court has framed the charge for the said offences. In order to prove the charge, the prosecution has examined PWs.1 to P14 and got marked Exs.P1 to P19. The statement of the appellant - accused No.1 and the other accused came to be recorded under Sec. 313 of Cr.P.C. The Trial Court after hearing the arguments on both sides, has formulated the points for consideration and after appreciating the evidence on record has convicted this appellant - accused No.1, as noted above and acquitted accused Nos.2 to 5. The said judgment of conviction and the order on sentence has been challenged in this appeal.