BALAPPA S/O HANMANTHA Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Govt. Pleader, Mr.P.S.Patil. Perused records.

(2.) Appellant is 1st accused in a criminal case I S.C.8/09 which was pending on the file of FTC-I, Yadgir. Charges had been framed against this appellant and one Sanjeev-2nd accused by the learned judge for the offences punishable under Sections 376 and 363, I.P.C. After holding a full-fledged trial, the 2nd accused has been acquitted, and the 1st accused has been convicted for the offences punishable under Sections 363, 376, I.P.C. and has been sentenced to undergo simple imprisonment for a period of 7 years and to pay fine of Rs.25,000/- for the offence punishable under Section 376, I.P.C. and sentenced to undergo simple imprisonment for a period of 2 years and to pay a fine of Rs.1,000/- for the offence punishable under Section 363, I.P.C. It is this judgment of conviction and sentence dated 11.2.2010 which is called in question on various grounds as set out in the appeal memo.

(3.) The case against the 1st accused is that at about 1.00 p.m. on 11.3.2008, he kidnapped CW-16, Renuka, a girl aged 13 years without the consent of her lawful guardian and committed the offence punishable under Section 363, I.P.C. It is alleged that he had confined her in a room at Panaji and raped her several times and thus committed the offence punishable under Section 376, I.P.C. The charge leveled against the 2nd accused is that he abetted the 1st accused to commit the offence of kidnapping Renuka from her house in a village at Yadgir Taluk and district. Both of them had pleaded not guilty and claimed to be tried.