UDAY SHIVANAND KOLVEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the sole accused in S.C. No. 16/90 on the file of the learned sessions judge, karwar preferred this appeal challenging the legality and correctness of the conviction of the appellant under Section 376, I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fane of Rs. 20,000/-, out of which Rs. 10,000/- is awarded as compensation to P.W. 1 and in default of payment of fine to undergo simple imprisonment for a period of six months.

(2.) the appellant was tried for the charge under Section 376, I.P.C., on the allegation that on a certain day in the first week of September 1988 at about 12-30 p.m. at majali village in sy. No. 1090-a/3 in the newly constructed house, the appellant woke up the complainant kum. Vasanthi, daughter of rangaswami goundar (p.w. 1) with the intention of having sexual intercourse with her and compelled her to accompany him and on her refusal, he forcibly took her outside and had sexual intercourse with her and promising to marry her within six months, he had intercourse with her many times and later refused to marry her and thereby committed the offence of rape under Section 375, I.P.C.

(3.) to substantiate the above said charge framed against the accused, the prosecution has examined at the trial p.ws. 1 to 15 and marked exhibits p-1 to p-13.