TIMMAPPA S/O TIMMAPPA AGE : 21 YEARS, OCC: STUDENT, R/O WADAWATTI VILLAGE, TQ. & DIST. RAICHUR Vs. THE STATE OF KARNATAKA THROUGH YARAGERA P.S., DIST. RAICHUR

JUDGEMENT

(1.) This appeal is preferred by the accused assailing the judgment of conviction dated 20.10.2016 passed by II Additional District and Sessions Judge, Raichur in SC No.68/2015 where under accused was convicted for the offences punishable under Sec. 448, 376 and 506 of IPC.

(2.) The case of the prosecution in brief as per the complaint are that on 5.12014 at about 1:00 PM when the victim was bringing the headload of firewood and keeping the same by the side of tin cattle shed in Sy.No.333/Ee at Wadwatti village went inside for drinking water, at that time accused appellant came from behind by trespassing into the said cattle shed, hugged the victim who is aged about 19 years, when she resisted, he threatened with life, thereafter by removing her clothes sexually assaulted her without her consent. It is the further case of the prosecution that on hearing the hue and cry, the mother and younger sister of the victim who were on the way to field came there, by seeing them the accused ran away from the place, thereafter they all came and informed the said fact to her father who in turn took her to the village elders, thereafter to the house of the accused, there informed about alleged act of the accused. The parents of the accused compromised with the condition that they would perform the marriage of the accused with the victim. It is further alleged that thereafter accused used to have sexual act with the victim by telling that he is going to marry her, thereafter when he came to know that she became pregnant, he refused to marry her, as such the complaint came to be filed. Thereafter, police investigated the crime and filed the charge sheet against the accused.

(3.) After filing the charge sheet the committal court on following the procedure laid down under Sec. 207 of Cr.P.C committed the case to the Sessions Court. The Sessions Court after taking the cognizance secured the accused, after hearing charge came to be framed. Since, accused denied the charges and claimed to be tried, as such the trial was fixed.