ANNAPPA @ MANJUNATHA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dated 06.10.2017 passed by the I Addl. Sessions and Special Judge, Chikkamagaluru in Spl.C(PCSOA) No.31/2015 sentencing the accused to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.50,000/-, in default of payment of fine, to undergo further simple imprisonment of two years for the offence punishable under Section 376(2)(f)(i)(m) of IPC and under Section 5(i)(m)(n) and 6 of Protection of Children from Sexual Offences Act. The accused was further sentenced to pay fine of Rs.10,000/-, in default of payment of fine the accused to under simple imprisonment for a period of 6 months, for the offence punishable under Section 506 of IPC. The same has been challenged in this appeal by urging various grounds.

(2.) The brief facts of the case of the prosecution are as under: The accused is the father of C.W.1 and they were living in Coolie Lane of Anegundi Estate, Koove Village from 29.3.2015. On 2.4.2015 at 9 p.m., the accused came to the house by consuming alcohol and threatened C.W.1 and made her to remove her dress and had committed forcible sexual intercourse with C.W.1 knowing fully that she is his daughter. The accused also threatened C.W.1 stating that she should not disclose the said incident to anyone. On 10.4.2015, the accused had assaulted C.W.1 and police and the members of Ujwala Samsthe, Chikkamagaluru went there, pacified C.W.1 and took her to Ujwala Samsthe and enquired about the harassment given by her father. On 17.4.2015, the mother and uncle of C.W.1 came there and when all of them enquired her, C.W.1 disclosed the sexual harassment committed by the accused on her and later they registered a complaint with the jurisdictional police. The A.S.I of complainant police registered the case against the accused and recorded an FIR. The C.P.I of Mudigere Circle, took up further investigation of the case and received assessment extract of the spot of incident, sent the articles received from Mallegowda Hospital, Chikkamagaluru to RFSL, Mangalore for examination. The Investigating Officer also received the age certificate from Government Primary School, T.G.Koppa, FSL report and spot sketch. On 15.7.2015 he produced the victim girl before the Judicial Magistrate for recording her statement under Section 164 of Cr.P.C. and after obtaining statement and after completion of investigation submitted the charge sheet against the accused for the offence punishable under Sections 376(f)(i)(m) , 506 of IPC and under Sections 4 , 5 (i)(m)(n) punishable under Section 6 of Protection of Children from Sexual Offences Act. The accused did not plead guilty and claimed to be tried.

(3.) Subsequently, in order to substantiate the case against the accused the prosecution examined 16 witnesses as P.Ws.1 to 16 and got exhibited 25 documents as Exs.P1 to P25 and one material object as M.O.1 was marked. The accused was examined under Section 313 of Cr.P.C. by explaining incriminating evidence of the prosecution witnesses. He denied the entire incriminating evidence of the prosecution witnesses and not claimed to adduce defence evidence.