M SUBAIR @ SUBI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the appellant-accused being aggrieved by the judgment and order of conviction and sentence dated 6.2.2013 passed by the Sessions Judge, Kodagu, Madikeri in S.C. No.47/2011 convicting the appellant accused for the offences punishable under sections 376(2(f) of IPC and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.50,000/- and in default for payment of fine, to undergo two years simple imprisonment.

(2.) Brief facts of the prosecution case are that the mother of the victim girl is the complainant in the case. The complainant has stated that she is residing in the address mentioned in the complaint. Earlier, they were staying in Kushalanagar and since one month earlier to the incident, they stayed in a rented house of Abubakar at 7th Hoskote Village in Somwarpet Taluk. The complainant is having two children one male and one female. On 19.02.2011 around 5.30 p.m., the daughter of the complainant i.e., the victim (Anusha), aged 3 years 8 months, and her neighbour CW-7 Shyam - a boy, aged about six years were playing in front of the house of the complainant. Some time thereafter, the complainant saw only CW-7 playing and did not find her daughter CW-2. When she asked CW-7 as to where her daughter was, CW- 7 told her that one Shabbir, son of Mohammad took him and Anusha to his aunt's house saying that he would get sweets to them and he took them forcibly and he was removing the clothes of Anusha and accused told C.W.7 to go to his house. In the meanwhile Anusha came weeping from the house of aunt's house of the accused. When the complainant asked her daughter Anusha, she told her that when herself and CW-7 were playing, the accused saying that he would get them sweets, took them to the house of his aunt CW-12, sent back CW-7, latched the house, removed her clothes, closed her mouth and caused pain to her private parts. It is further pleaded in the complaint that when the daughter of the complainant, aged 3 years 8 months, was playing, the accused forcibly took her to his aunt's house, by name Khairunissa, and forcibly committed sexual intercourse with her. Therefore, she requested to take appropriate action against the accused-appellant herein.

(3.) On the basis of the said complaint, case came to be registered and as per FIR, it was for the alleged offences punishable under Sections 366A, 342, 376 of IPC. After completion of investigation, investigating officer filed charge sheet for the said offences punishable under Sections 366A, 342, 376 of IPC. The concerned Court, after hearing both sides, framed charges for the said offences. The charge was read over to the accused person and as the accused pleaded not guilty and claimed to be tried, the case was posted for conducting the trial.