KARTHIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Additional SPP appearing for the respondent State.

(2.) The case of the prosecution before the Trial Court is that on 20/1/2011 at 2.30 p.m. at Kudmal Ranga Rao Nagar, Puttur Village, Udupi Taluk, with a common intention to outrage the modesty of the complainant Chaitra, accused No.2 facilitated accused No.1 Karthik by standing outside the house of the complainant to enter inside the house and accused No.1 entered inside the house and by use of force hugged the complainant Chaitra and put the hand to her mouth and tried to outrage the modesty and threatened her that he would not spare her if she informed the same to others. Hence, the offences under Ss. 448, 354 and 506 read with Sec. 34 of IPC and Sec. 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SC/ST Act' was short) were invoked against the accused. Based on the complaint, the police have registered the case and investigated the matter and filed the charge-sheet and the accused was secured and he was enlarged on bail and he did not plead guilty and claimed trial.

(3.) The Trial Court taken note of the evidence of P.W.2 and P.W.3 mainly and also the contents of the complaint Ex.P.2, which is extracted in paragraph No.4 and in paragraph No.5 extracted the admission given by the accused during the course of evidence. In paragraph No.10 material evidence of P.W.2 was extracted and she spoke about the act done by the accused. The answers elicited from the mouth of the witnesses was also extracted in the judgment. The Trial Court also taken note of the evidence of P.W.3 and she says that she immediately rushed to the spot after hearing the screaming sound and having noticed the victim was crying in the house, she consoled her. In the meanwhile, the father of the victim also came to the house and he also consoled the victim. P.W.4 is the mother of the victim and P.W.5 is the police officer, who has received the complaint and P.W.6 Dy.S.P. is the Investigating Officer, who conducted the investigation. The Trial Court having assessed the material on record, convicted the appellant for the offences punishable under Ss. 448, 354 and 506 read with Sec. 34 of IPC and Sec. 3(1)(xi) of the SC/ST Act. The accused was sentenced to undergo imprisonment for a period of one year for the offence punishable under Sec. 354 of IPC and for the offences punishable under Ss. 448 and 506 of IPC, fine of Rs.1,000.00 and Rs.500.00 respectively was imposed. For the offence punishable under Sec. 3(1)(xi) of SC/ST Act, one year imprisonment with fine of Rs.1,000.00 was imposed.