MOHAMMED UBEDULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed under Sec. 374(2) of the Code of Criminal Procedure (for short, ' Cr.P.C '), is by the accused challenging his conviction and sentence for the offences punishable under Ss. 376 (2)(f) , 506 of IPC and Ss. 6 and 8 of POCSO Act.

(2.) For the sake of convenience parties are referred to by their ranks before the trial Court.

(3.) A charge sheet came to be filed by the concerned police against the accused alleging that he is no other than the father of prosecutrix. Accused along with his wife, son and daughter (prosecutrix) was staying in a room behind the house of his in-laws near Sri Gali Masthi temple, Sirsi. On 10/6/2018, 11.00 a.m, when the prosecutrix was alone in the room and her mother had gone out to wash clothes and brother was out playing, accused committed rape on the prosecutrix who was aged 15 years and gave threat that if she disclose the said fact to anyone, he would kill her mother and brother by poisoning them. Similarly on 5-6 occasion, accused committed rape on the prosecutrix. As a result of the rape, prosecutrix became pregnant and gave birth to a son on 4/3/2019 and thereby the accused has committed the offences punishable under Ss. 376(2)(f) , 506 of IPC and Ss. 4 , 6 and 8 of POCSO Act.