SATHISHA S/O NAGARAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the accused directed against the judgment passed by the learned V Additional District and Sessions Judge at Shivamogga, sitting at Sagar, in S.C. No.40/2013 dated 17/20.10.2015, wherein the appellant/accused was convicted for the offences punishable under Sections 376 and 506 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,50,000/-, in default to pay fine, he shall further undergo rigorous imprisonment for one year for the offence punishable under Section 376 of I.P.C. and also to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- in default to pay fine, he shall further undergo rigorous imprisonment for two months for the offence punishable under Section 506 of IPC.

(2.) The complaint is lodged on 18.10.2012 by PW1- Renuka, wife of Ganapathi, that was registered in Crime No.276/2012 against the accused for the offences punishable under Sections 376 and 506 of IPC.

(3.) The substance of the complaint is that the complainant got married 18 years back with one Nagaraju S/o. Venkappa of Dasakoppa Village and through the wedlock she begotten one female child that was named Kavya, who is victim in this matter. When the complainant lost her husband, after getting consent of elders she married one Ganapathi S/o. Venkataramana of Dasakoppa Village. Through the second marriage, she begotten a son and on the date of filing of the complaint he was aged about 9 years. The victim continued to stay with the complainant even after the latter marriage of the complainant with Ganapathi and she was maintained by the complainant. Victim was studying in Government Composite Pre-University College in X standard at the time of incident. When she was going to School and coming back to home, on the way one Sathisha, S/o. Nagarajappa, Tractor Driver of their village became known to the victim. Often he used to visit the house of the complainant as well. Seven months earlier to filing of the complaint, when the complainant and her husband had gone to coolie work, the accused induced victim and took her to the backside of the house of the complainant to stone quarry and their threatened the victim and raped her and further told that, in case, she ventures to inform others he would eliminate her. Her daughter became afraid and kept quite. Even on the subsequent days the accused used to threaten the victim and rape her. She did not disclose the matter to the complainant as she was frightened. Complainant further specifically states that even in respect of menstrual course, victim used to tell false that she was undergoing the monthly course regularly. In so far as when the complainant asked her as to her belly being put on weight, the victim used to respond that as she was getting midday meals everyday in the school she has put on stomach. It is also stated that when the complainant and her husband were sleeping at home, the accused had taken the victim without knowledge of her grand mother and used to rape her. As on the date of the complaint being lodged, the victim was said to be of seven months pregnant and that the accused is responsible for the pregnancy of the victim through his rape activities. On the date of lodging the complaint, after looking at the appearance of the victim the complainant developed suspicion and asked her to tell the truth, later she revealed that she was seven months pregnant as on the date. Hence, there was delay in lodging the complaint.