KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appeal is directed against the judgment of conviction and sentence dated 27.9.2010 passed by the Presiding Officer, Fast Track Court-X, Bangalore City, in S.C. No.1076/2009, wherein the learned trial Judge convicted the accused for the offence punishable under Section 324 of IPC and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.7,000/-, in default to pay the fine amount, to further undergo simple imprisonment for a period of three months for the offence punishable under Section 324 of IPC.

(2.) Complaint came to be lodged by one K. Shashikala, 28 years, W/o. K. Ganesh, working in a Garments Factory and residing at No.2, behind JSS School, Konankunte, Bangalore-62.

(3.) It is stated that, her marriage was performed 14 years back with one Ganesh of Holenarasipura. Through the wedlock three children namely, Dhananjaya, 12 years, Prashantha, 10 years and Keshava, 8 years were born to her. Her husband was residing with her and children and he died two years back. Her children were studying. Meanwhile, her husband's friend, Harish, used to visit her home and mingle with her husband and was participating in the family affairs during the life time of the latter and even after his death, he used to come and enquire the well being of the complainant and children. On 28.5.2009, when the complainant, her children and Harish were in the house, her cousin brother Kiran came home. After having meals, she slept in the room along with her son Prashanth, others slept in the hall.