VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CONVICTION of the appellant in judgment dated 21-7-2003 passed by the learned XII Additional City Civil and Session Judge, bangalore City, in S. C. No. 10/1999 for the offence punishable under Section 376 of the IPC and consequent sentence have been challenged by the accused in this appeal preferred under Section 374 of the Code of Criminal Procedure.

(2.) ON 13-12-1997 the victim aged about 11 years was found weeping by her brother Thejesh. Two days thereafter there was swelling on the private part of the victim, which was noticed by her mother. After verification they found that the accused had asked Thejesh on the evening of 13-12-1997 to go to bring biscuits and after sending him he tried to have sexual contact with the child (the victim ). Thereafter a complaint was lodged by the victim's mother against the accused in furtherance of which this case was registered for an offence punishable under Section 376 of the IPC. The accused was arrested on 2-4-1997 (soc 1998) and after completion of the investigation a charge sheet was placed against him.

(3.) THE accused pleaded not guilty and claimed to be tired. The prosecution examined in all 15 witnesses. P. W. 7 is the girl, with whom the accused attempted to have sexual intercourse and on the basis of the allegations made by her, it was deduced that the accused had committed rape on her. P. W. 8 is her mother. The doctors have been examined as p. Ws. 5, 13 and 15. P. Ws. 10, 11 and 14 are police officers. P. W. 15 is a scientific Officer working in Forensic Department, Bangalore.