LAWS(KAR)-2017-10-222

PRADEEP @ PRADEEP KORAGA Vs. STATE BY KARKAL POLICE

Decided On October 14, 2017
Pradeep @ Pradeep Koraga Appellant
V/S
State By Karkal Police Respondents

JUDGEMENT

(1.) At the first instance, the accused was acquitted by the Trial Court of the charges under sections 448, 376 and 506 of Indian Penal Code. The State having carried the matter in appeal to this court, by order dated 22.09.2015 in Crl.A.No.250/2012, the judgment and order dated 28.10.2011 passed by the learned Sessions Court, Udupi, in S.C.No.88/2010 was set aside and the matter was remitted to the Sessions Court with a direction to revive the case on its original file and get the DNA test conducted to find out the actual role of the accused in the crime in question. It was further observed that after getting the report of the DNA test, it was open for the prosecution as well as the defence to adduce additional evidence, if any, in respect of DNA test.

(2.) Pursuant to the above order, the Trial Court obtained the DNA test report and examined four additional witnesses as PW.13 to PW.17. The prosecutrix PW.2 was also recalled and further examined. By the impugned judgment dated 7.06.2016, the learned Sessions Judge has found the accused guilty of the offences under sections 448, 376 and 506 of Indian Penal Code. The accused is sentenced to Rigorous Imprisonment for a period of one year and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of two months for the offence punishable under section 448 of Indian Penal Code; Rigorous Imprisonment for a period of ten years and a fine of Rs.2,00,000/- and in default, to undergo simple imprisonment for a period of one year for the offence punishable under section 376 of Indian Penal Code; Rigorous Imprisonment for a period of two years and a fine of Rs.5,000/- and in default, to undergo simple imprisonment for a period of three months for the offence punishable under section 506 of Indian Penal Code; and out of the fine amount, Rs.1,50,000/- is ordered to be paid to the minor son of the victim girl PW.2 as compensation and Rs.50,000/- is ordered to be paid to the victim PW.2 as compensation.

(3.) The brief facts of the prosecution case are that the accused and the prosecutrix (PW.2) belong to Koraga community a weaker section of the society. The house of the accused was situated close to the house of the prosecutrix. He was frequently visiting the house of the victim. According to the prosecution, when the prosecutrix was alone in the house, the accused committed forcible intercourse on her and threatened her not to disclose the incident to anyone. At the time of commission of the offence, the prosecutrix was aged between 15 or 16 years. She did not disclose the incident either to her parents or to any other members of the family.