SHANTAPPA S/O BASAPPA MELINMANI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the II -Additional Sessions Judge, Bijapur, in S.C. No.07/2007 dated 19.07.2010 in convicting Accused Nos. 1 to 3, the appellants in Crl. A. No.3684/2010, 3695/2010 and 3662/2010 for the offences punishable under Sections 376(2)(g), 366, 323 and 506 (2) of IPC sentencing each of Accused Nos.1 and 2 to undergo Rigorous Imprisonment for a period of 10 years and to pay fine of Rs.10,000/ - with default Sentence. Rigorous Imprisonment for a period of three years and to pay fine of Rs.5,000/ - each for the offence punishable under Section 366 of IPC with default sentence, further sentencing all the accused for Rigorous Imprisonment for one month for the offence punishable under Section 323 and also sentencing to suffer Rigorous Imprisonment for six months for the offence punishable under Section 506(2) of IPC.

(2.) ACCUSED Nos. 1 to 3 have preferred separate appeals before this court. Accused No.1 has preferred appeal in Criminal appeal No.3684/2010 and Accused No.2 in Criminal Appeal No.5695/2010 and Accused No.3 in Criminal appeal No.3662/2010. As all the appeals arising out of the common judgment passed by the trial Court and the grounds urged before this court by the appellants are almost similar, all the appeals are taken -up together for consideration and this common judgment is passed.

(3.) BEFORE adverting to the grounds urged before this court by the appellants, it is just and necessary to bear -in -mind few factual aspects that emanate from the records, which are as under: - PW.1, a girl by name Vijayalakshmi, aged about 21 years lodges a complaint against Accused Nos.1 to 3 as per Ex.P1 narrating that, on 15.09.2006, she was proceeding to college at Davalagi Village and she came to Muddebihal bus stand. At that time Accused Nos.1 & 2 who were there, eve -teased her. On 18.09.2006, at about 4.00 p.m., she along with her friend, Renuka had been to a Photo Studio, in that context at about 7.00 p.m., she requested the said Renuka to accompany her to go to the Photo Studio. In that context, she was proceeding to the house of Renuka, when she reached KGMPS school, Accused Nos. 2 and 3 caught hold her and Accused No.3 gagged her mouth with a cloth both of them took her near Basavanna Temple. At that time, Accused No.1 was ready with a motor cycle and all of them took this girl on the motor cycle at a distance of about 01.00 k.m. and stopped the motor cycle near a land and lifted her to the said land and Accused No.1 first committed rape on her, thereafter, Accused No.2 attempted to commit rape on her and thereafter, Accused Nos. 1 to 3 went away from the spot by leaving her in lurch. Thereafter, she came to the road, where she observed a person was coming from the place called Kuntogi; she requested him to leave her to Muddebihal and thereafter she came to the place called Idga and from there, ultimately, she came to her house and informed the said incident to her family members. The family members and this girl went to the police station and lodged a complaint as per Ex.P1. On the basis of such information, the police have registered a case in Crime No.229/2006 for the offences punishable under Sections 376, 323, 506, 341 of IPC and also under Section 366 of IPC and conducted investigation and ultimately, the police found sufficient materials to send the accused persons to the trial. Hence, they laid the charge sheet against all the accused persons. The learned Sessions Judge after securing the presence of the accused persons framed charges for the above said offences and tried them, and ultimately, convicted the accused persons and sentenced accordingly as stated supra.