PARASHURAMAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 31/1/2013 passed in Sessions Case No.180/2012 by the Presiding Officer, FTC-II, Shivamogga.

(2.) That accused was charge sheeted by Circle Inspector of Police, Shikaripura for the offences punishable under Sec. 450 and 376 of IPC based on the complaint filed by PW.3 Nagaraj, alleging that on 21/6/2012 during the morning hours, he was away from the house and his wife had been to their agricultural land. When he returned at 10.15 a.m. to his house, he noticed that his daughter was screaming. On hearing the same, complainant and one Durgojirao (PW.6) went inside the house and noticed that accused ran away from house by pushing them. They noticed his daughter prosecutrix was crying and was undressed. When he enquired her, she informed, that accused had committed rape on her. Thereafter, complainant went to the Shikaripura Rural Police Station and lodged a complaint alleging commission of rape on his daughter by the accused which was registered in crime No.141/2012 for the aforesaid offences. The victim- prosecutrix was taken to the hospital for medical examination. The Investigation Officer during the course of investigation arrested the accused and was subjected him to medical examination. On completion of investigation, charge sheet was filed by the IO against the accused for the offence under Ss. 450 and 376 of IPC. Initially, the accused was in judicial custody and thereafter, he was enlarged on bail.

(3.) To prove the guilt of the accused, prosecution in all examined 15 witnesses (PW.1 to 15) and got marked 14 documents (Ex.P1 to P14) and closed its evidence. Thereafter, accused was questioned under Sec. 313 of Cr.PC so as to enable him to answer the incriminating circumstances appearing in the evidence of prosecution. He denied his complicity in the crime and did not chose to lead any evidence on his behalf.