GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant being aggrieved by the judgment of conviction and sentence passed by the Prl. Sessions Judge at Chikmagalur in S.C.No.27/2012 dated 16.01.2013, has approached this court calling in question the judgment of conviction and sentence passed under Section 376(2)(f) of Indian Penal Code sentencing him to undergo imprisonment for life and also to pay a sum of Rs.2,25,000/- as fine with default sentence and awarding compensation out of the fine amount a sum of Rs.2,00,000/- to the victim girl under Section 357 of Cr.P.C.

(2.) Before adverting to the merits of the case, we would like to have the brief factual matrix of this particular case. The prosecution case is that the victim girl is the daughter of one Mr. Shivanna who was a resident of Channagondanahalli in Chikkamagaluru Taluk and District. Accused is also a resident of the same village. It is alleged that, on 13.11.2011 in the morning at about 11.30 a.m., PW-5 the victim girl was playing along with her companion, another girl by name Tara, at that time, the accused has persuaded the victim girl on the guise of giving chocolate to her and took her to his house. In fact he also invited another girl Tara. As she was not willing to go along with him, he took the victim girl to his house and he ravished her in spite of her resistance and thereafter, he gave chocolate to her with a threat not to inform anybody about the said incident. Thereafter, the victim girl came to her house and informed the said incident to her father and mother after their arrival in the evening. Thereafter, her father and mother have searched for the accused for about 3 days and as they could not find him, PW-1, the father of the victim girl lodged a complaint on 16.11.2011 as per Ex.P.1 on the basis of which the police have registered a case in Crime No.93/2011 and investigated the matter and submitted the charge-sheet. The accused was arrested and it appears since the date of his arrest from 17.11.2011, the accused has been in prison.

(3.) After securing the presence of the accused, the Trial Court has framed charges against the accused on the above provision of law and put the accused on trial. The prosecution, in order to bring home the guilt of the accused, examined 10 witnesses as PWs 1 to 10 and got marked Exhibits P-1 to P-13 and material objects MO-1 to MO-6. After examination of the prosecution witnesses, the accused was also examined under Section 313 Cr.P.C. and his statement was recorded. The accused also entered the defence and examined DW-1 and DW-2 as his witnesses. After hearing the arguments of both the sides, the Trial Court has concluded that the prosecution has proved the case beyond all reasonable doubt and after hearing in detail regarding sentence, the Trial Court has sentenced the accused accordingly as noted above.