ARASAPPA Vs. STATE

JUDGEMENT

(1.) This Appeal is directed against the judgment dt. 16-4-91 passed by the learned XXII Addl. City Civil and Sessions Judge, Bangalore in S. C. No. 217/89, whereby the appellant herein was convicted and sentenced for an offence under Sec. 376, IPC.

(2.) The brief facts of the case are as follows : That on 19-2-89 at about 6.30 p.m., Boramma - P. W. 1 and her cousin sister by name Bhagya were proceeding on Timmenahalli road to reach Vijayanagar bus stand and at that point of time, the appellant and another by name Parameshi came in an autorickshaw and forced P.W. 1 - prosecutrix to get into the autorickshaw and thereafter, they both took her to a remote house situated at Mudalapalya and that the appellant herein and the abovesaid Parameshi raped her repeatedly till the next day morning and thereafter ran away from the place leaving her to her fate. That the cousin sister of P.W. 1, the abovesaid Bhagya who saw P. W. 1 being threatened and taken in an autorickshaw had returned to the house of P. W. 1 and reported the matter to her elder sister, Ningamma - P. W. 2 and thereafter P. W. 2 searched for P. W. 1 till 9.45 p.m. on that day and thereafter she went to the Vijayanagar Police Station and lodged a complaint before the said Police to the effect that her sister - P.W. 1 was kidnapped by two persons, whereupon the Vijayanagar Police had registered a case in Crime No. 136/ 89 for an offence under Sec. 363 of I.P.C.

(3.) That the day next, P. W. 1 - Boramma after regaining her consciousness reached her house and narrated what had come on her in the hands of the appellant and another person to P. W. 2 - Ningamma. That thereafter, both P.Ws. 1 and 2 went to the Vijayanagar Police Station and P.W. 1 had given her statement, Ex. P-1 as against the appellant herein and the other person informing the said act of gang rape by them and the Police had registered a case against the appellant and the other person, under Section 376, IPC. That thereafter, both P. W. 1 and the appellant and the other co-accused - Parameshi were sent to the doctor - Shivashankar P.W. 4, for medical examination. The doctor - P. W. 4 had issued the medical certificate in respect of the appellant herein as at Ex. P-6, in respect of P.W. 1 as at Ex. P-7 and in respect of the other person by name Parameshi as at Ex. P-8. That the appellant together with the co-accused Parameshi were arrested and were charge-sheeted before the jurisdictional Magistrate who in turn had committed the appellant and the co-accused Parameshi to the Court of Sessions for taking trial for the offence under S. 376, IPC.