RAVI ALIAS RAVIKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the appeal preferred by the appellant/accused filed under section 374(2) of Criminal Procedure Code, 1973, being aggrieved by the judgment and order of the conviction and sentence passed by the III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna) dated 30.9.2013 in Sessions Case No. 191 of 2013. By the said judgment and order of conviction, the appellant-accused was convicted for the offence punishable under Sections 376 and 506 of Indian Penal Code, 1860 and he was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 30,000/-, in default to pay the fine amount, he shall undergo simple imprisonment for period of 6 months for the offence punishable under Section 376 of IPC. Further, the appellant/accused is sentenced to pay a fine of Rs. 2,000/-, in default of the payment of fine amount, he shall undergo simple imprisonment for a period of 1 month for the offence punishable under Section 506 of IPC. Being aggrieved by the same and challenging the legality and correctness of the judgment and order of conviction and also sentence imposed by the Trial Court, the appellant/accused is before this Court on the grounds as mentioned in the appeal memorandum at Ground Nos. 1 to 24.

(2.) The brief facts of the prosecution case as per the Ex. P.1-complaint averments that the victim girl is the complainant. She lodged the complaint stating that she is staying along with her father and mother at Mogarahalli and was studying in 7th standard on Mogarahalli Government High School. On 11.4.2012 as there was a festival in their village, she went and sat nearby Mariyamma Temple at night about 8.00 p.m. At that time, Ravi-appellant/accused herein who was standing at a little distance called the victim girl and when she went to him, he told the victim girl to bring 7up cool drink, she asked him to pay amount. At that time, the appellant-accused told that he will also accompanying her up to the shop and he took the victim girl to the shop of one Shivanna. There, the appellant-accused gave Rs. 100/- to Shivanna and asked him to gave 7up cool drink. Tire said Shivanna gave 7up cool drink to the hands of the appellant-accused so also changes were given to him. Then, the victim girl told him that she will go to her house. At that time, the accused person told her that she can have 7up along with him, stating so, he took her to some distance. At that time, the victim girl, because of the fear again told that she will go to the house. At that time, all of a sudden, the appellant/accused caught hold her hand and forcibly dragging her stating that she should come with him and he took her nearby Tati tree, which was near graveyard. When he was dragged her to the said place, though she screamed, even then nobody come for her help, as it was night at 8.00 p.m., the person already closed their doors of the houses. The appellant-accused dragged the victim girl nearby Tati tree, there he removed her clothes by tearing them and also removed her paijama and undergarment and he also removed his pant and undergarment and forcibly he made her to lie on the ground and forcibly committed sexual intercourse with her. Thereafter, the appellant/accused gave her cloths and told to the victim girl that tomorrow at 9.00 p.m., she should come near the Tati tree, if she did not dome, he will kill her, stating so, he threatened her. Then he told her to go to the house. After coming to the house, she informed about the incident to her parents. The parents told her that as it was night, morning they will go to the police station and can give complaint. Therefore, she come to the police station on the next day of the incident i.e., on 12.4.2012 and requested the police to take legal action against the appellant/accused who has committed forcible sexual intercourse on her.

(3.) On the basis of the said complaint, FIR came to be registered as against the appellant-accused as per Ex. P2 for the offence punishable under Sections 376 and 506 of IPC.