RAJA, S/O DURUGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against judgment and order of conviction and sentence passed by the I Addl. District & Sessions Judge, Davanagere dated 30.04.2013 in S.C.No.133/2012. The appellant has been convicted for the offence punishable under Section 376(2)(f) of the Indian Penal Code, 1860, in respect of Cr.No.85/2012 of Harapanahalli Police Station.

(2.) It is the case of the prosecution that on 30.06.2012 at about 7.00 p.m. in Bapujinagar, Harapanahalli town, the victim aged about eight years was playing with her friends, CW-18 Pooja and CW-19 Akshatha. The accused came near her, lured her with biscuits and took her towards the graveyard situated in Bapujinagar and thereafter committed the offence of rape on her.

(3.) It is the further case of the prosecution that Devamma being the victim's mother went in search of her daughter and not having found her near the place where she was playing went near the graveyard and found that sexual assault was being committed on her daughter. On seeing the victim's mother and others near the scene of offence, the accused ran away from the place.