RAMA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have challenged their conviction and sentence for the offence punishable under Section 376 r/w. 34 IPC on a trial held by the learned Sessions Judge, Chikkamagaluru.

(2.) The facts reveal that P.W.11-victim is said to be less than 17 years of age and on 04.07.2012 she submitted a complaint to the Police alleging forcible sexual intercourse by accused 1 and 2 at the first instance and by the 3rd accused at the later occasion. After the incident, the menstrual cycle stopped and when she was taken to the hospital for check-up, she was said to be pregnant. In the circumstances, as revealed by her she disclosed the name of the appellants, who are the persons responsible for the pregnancy and therefore, the aforesaid complaint was filed. During the course of the investigation, the Investigating Officer got the victim examined by the doctor-P.W.12. The report was secured. The witnesses were examined. The property extract was secured. The sketch of scene of occurrence was drawn. Her photograph was taken. The birth certificate of the victim was collected. The seized articles were sent to the opinion of the experts. After completion of the investigation, charge-sheet was laid against the accused for the offence punishable under Section 376 r/w. 34 IPC. During the trial, the victim deliver a child. DNA test of the child was done. The report-Ex.P28 was secured. The prosecution examined P.Ws.1 to 14 and got marked the documents Exs.P1 to 31 and M.Os.1 to 9. After recording the statement of the accused, no defence evidence was lead and the trial Court heard counsel for the parties and on appreciation of the material, convicted the appellants for the aforesaid charge and ordered them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000-00 each with default sentence. Aggrieved by the conviction and sentence, the present appeal is filed.

(3.) I have heard learned counsel for the appellants and learned High Court Government Pleader for the State.