ANIL Vs. STATE

JUDGEMENT

(1.) The accused in SC No.430 of 2010 on the file of the learned Fast Track (Sessions) Judge-V, Bengaluru city, is impugning the judgment of conviction and order of sentence dtd. 26/7/2011, convicting him for the offence punishable under Ss. 323 , 366 , 376 and 504 of IPC and sentencing to pay a fine of Rs.500.00 for the offence punishable under Sec. 323 of IPC, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 366 of IPC, to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.10,000.00 for the offence punishable under Sec. 376 of IPC and to undergo simple imprisonment for a period of one year and to pay fine of Rs.2,000.00 for the offence punishable under Sec. 506 of IPC, with default sentences.

(2.) Brief facts of the case of the prosecution is that, on 30/11/2009 at about 12.30 p.m., when the victim girl was standing near Government Model Primary School, the accused came in an autorickshaw and kidnapped her with an intention to have illicit intercourse and committed the offence punishable under Sec. 366 of IPC. It is the further contention of the prosecution that, when the act of the accused was questioned by PW6, he had slapped on her cheek, voluntarily caused hurt and criminally intimidated the victim - PW5 to take away her life and committed rape and thereby committed the offences punishable under Ss. 323 , 376 and 506 of IPC. The Investigating Officer after completing the investigation, has filed the charge sheet.

(3.) Learned Magistrate took cognizance of the offences and committed the matter to the Sessions Court. The accused appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution examined PWs.1 to 19, got marked Exs.P1 to P26 and identified MOs.1 to 7. The accused denied all the incriminating materials available on record in his statement recorded under Sec. 313 of Cr.P.C. but has not led any evidence in support of his defence. The Trial Court after taking into consideration all these materials on record, came to the conclusion that the prosecution is successful in proving the guilt of the accused for the above offences and accordingly sentenced him as stated above. Being aggrieved by the same, the accused is before this Court.