PRASANNA Vs. STATE BY KOLAR RURAL POLICE

JUDGEMENT

(1.) The present appeal has been preferred by the accused, being aggrieved by the judgment and order of conviction and sentence, passed by the Principal Sessions Judge, Kolar, in SC.No.90/2009, dated 18.3.2010.

(2.) The brief facts as per the complaint at Ex.P1 are that a complaint was filed by Venkatalakshmamma on 21.2009 stating that the resident of her village Prasanna, S/o.Police Ramappa, about two months back when she had been to graze the cattle and she was alone, has committed rape on her and thereafter he also threatened her that if she discloses the said fact he is going to kill her. As such she did not disclose the said fact to anybody. She further alleged that the accused had told her that after the marriage of his daughter, he is going to marry her and believing on the said words she did not disclose the said fact to anybody. She further stated that the said fact was disclosed by the accused himself saying that he committed rape on the victim and he is going to kill her. On the basis of the said complaint, a case was registered in Crime No.51/2009 against the accused for the offences punishable under Sections 376, 420, 506 of IPC. After completion of investigation, the police filed the charge sheet against the accused. Thereafter the committal Court after following the procedure, committed the case to the Sessions Court. The Sessions Court took cognizance and after hearing, prepared the charge under Section 376, 420 and 506 of IPC. The charge was read over and explained to the accused. Accused pleaded not guilty claimed to be tried as such the trial was fixed.

(3.) In order to prove its case, the prosecution has examined 12 witnesses and got marked ten Exhibits and seven Material Objects. Thereafter, the statement of the accused was recorded under Section 313 Cr.P.C. to show that the accused has raped the victim on the alleged date.