DADAPEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 08.12.2010 passed by the Presiding Officer, Fast Track (Sessions)- Court XVII, Bangalore in S.C.No.658/2008 convicting the appellantaccused herein for the offence punishable under Sections 365 and 376 of IPC. Under the said judgment the accused was sentenced to undergo SI for a period of three years and to pay fine of Rs.2, 000/- and in default of payment of fine he shall undergo SI for three months for the offence punishable under Section 365 of IPC. Further the accused was sentenced to undergo SI for a period of seven years and to pay fine of Rs.5, 000/- in default, to undergo SI for five months for the offence punishable under Section 376(1) of IPC. The said judgment has been challenged in this appeal urging various grounds.

(2.) The factual matrix of the appeal are as under: On 01.01.2008 at about 8.30 AM when the victim girl Ramya, daughter of complainant Venkatesh was waiting for the bus at Hegganahalli bus stop, the accused kidnapped her forcibly, with an intention to compel her to marry him against her will and to have forcible intercourse with her and further wrongfully confined her in the house belonging to Smt.Pyarejan, Kalleshwara Badavane at Hosadurga town from 01.01.2008 to 19.02008 and committed rape on her and thereby committed the above said offences.

(3.) On filing of the complaint by the complainant crime came to be registered and thereafter the IO has taken up the case for investigation and investigated the case and laid the charge sheet against the accused for the aforesaid offences. The Trial Court framed the charges against the accused for the offences punishable under Sections 366(A) and 376 of IPC and the same was read over and explained to accused. The accused did not plead guilty and claimed to be tried.