SHAKTHIVELU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has preferred this appeal against a judgment of conviction and order on sentence passed by the LIV Addl. City Civil & Sessions Judge, Sitting in Child Friendly Court, Bengaluru Urban District in Spl. CC No. 389 for 2017.

(2.) The parties are referred to as per their ranking before the trial Court.

(3.) The brief facts leading to this appeal are that the accused being the step father of the victim girls aged 12 years and 11 years respectively, two months prior to 3/5/2017 at about 4 P.M., when CW2/victim girl came out of the school, the accused told her that her mother was in the house and asked him to bring her (CW2/victim girl) and by saying so, he took CW2/victim girl in his two wheeler to her house and when CW2/victim girl entered the house and asked where her mother was, the accused told CW2/victim girl that, her mother has gone to sell ambli [eatables] and took CW2/victim girl to a room and made her to forcibly remove her uniform and when CW2/victim girl tried to shout, the accused gagged her mouth by clothes and tied her hands and committed rape on her, knowing that she was a small child and his step daughter. Again one month prior to 3/5/2017 when CW1/complainant fell ill and she was sleeping, the accused gave her tablets and when CW1 was sleeping, and in the midnight, CW2/victim girl screamed loudly; CW3/victim girl woke up and tried to wake up CW1, but, CW1 did not wake up, and saw that, the accused removed his pant and slept on CW2/victim girl and by seeing it, CW3/victim girl got frightened and slept; and that the accused committed aggravated penetrative sexual assault/rape on CW2/victim girl, knowingly that she was minor who was aged 12 years and his step-daughter and that due to fear of killing her mother-CW1 and sister-CW2, she [CW2/victim girl] did not disclose the incident to anybody; and that after 5 to 6 days of the above stated incident, the accused took CW3/victim girl to the terrace of the house and scratched her left breast with his nails and outraged her modesty, and committed aggravated sexual assault on CW3/victim girl who was a child of 11 years and his step-daughter and the accused with a criminal intimidation, threatened CW2/victim girl of killing CW1 and CW3/victim girl, if she discloses the said incident to anybody and also threatened CW3/victim girl that, he would kill her mother-CW1 and her sister-CW2/victim girl, if she discloses the said act committed by him to anybody.