HARI PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused praying to set aside the judgment of conviction and order on sentence dtd. 29/6/2017 passed in S.C.No.762/2014 by the LIII Additional City Civil and Sessions Judge, Bengaluru, whereunder the appellant 'accused has been convicted for offences punishable under Ss. 376 and 417 of Indian Penal Code (hereinafter referred to as 'IPC' for brevity) and sentenced to undergo rigorous imprisonment for a period of 07 years and pay fine of Rs.1,00,000.00 for offence punishable under Sec. 376 of IPC and sentenced to undergo rigorous imprisonment for a period of 01 years offence punishable under Sec. 417 of IPC.

(2.) The factual matrix of the case is that P.W.1 and accused are students in engineer collage, known to each other for some time. The appellant 'accused had been meeting her, in an attempt to develop intimate relations with her, induced her to go with him to a park and cinema theater stating that he is in love with her and made her to believe that, he is going to marry her and had forcible sexual intercourse with her. Further during February -2014, the appellant 'accused went to the house of P.W.1, when nobody at home had forcible sexual intercourse with her. Even though the appellant 'accused promised P.W.1 that he is going to marry her, later refused to marry her and committed offences punishable under Sec. 376 and 417 of IPC. The complaint lodged by P.W.1 came to be registered in Crime No.152/2014 of Bharathinagar Police Station for offences punishable under Ss. 417, 420 and 376 of IPC. The Police after investigation filed charge sheet against the appellant 'accused for offences punishable under Ss. 376 and 417 of IPC. The learned Magistrate has committed the case to the Sessions Court. The Sessions Court has framed charges against the appellant 'accused for offences punishable under Ss. 376 and 417 of IPC.

(3.) In order to prove charges, the prosecution has examined 09 witnesses as P.W.1 to P.W.9, got marked documents as EX.P1 to Ex.P8 and two documents has marked on defence side as EX.D1 and Ex.D.2 in the cross examination of P.W.1. The statement of the accused came to be recorded under Sec. 313 of Cr.P.C. The learned Sessions Judge after hearing arguments has formulated points for consideration and passed the impugned judgment convicting the appellant 'accused for offences punishable under Ss. 376 and 417 of IPC. The said judgment of conviction and order on sentence has been challenged in this appeal.