S ISHWAR BHAT Vs. STATE

JUDGEMENT

(1.) The accused in Sessions Case No. 94/06 on the file of the learned First Addl. Sessions Judge, Mangalore, Dakshina Kannada (hereinafter referred to as the 'Trial Court' for short) has challenged in this appeal the judgment and order of conviction and sentence dated 30-10-2008 passed in the said case convicting him for the offence under Section 376 read with Section 511, I. P. C. and sentencing him to undergo R. I. for a period of 5 years and also to pay fine of Rs. 3000/- with default sentence of R. I. for a further period of 3 months.

(2.) Heard the arguments of Sri. Manmohan P. N. learned counsel for the appellant-accused and Sri. Satish R. Girji, learned High Court Government Pleader. Perused the impugned judgment and order of conviction and sentence and the entire material in the original records obtained from the Trial Court.

(3.) On appreciation of the oral evidence of PWs. 1 to 17, the documents at Exs. P. 1 to 14 and M. O. Nos. 1 to 3, the trial Court held the appellant-accused guilty of the offence under Section 376 read with Section 511 of I. P. C. and convicted him for the same. The defence of the accused is one of total denial and therefore, he has not chosen to adduce any evidence nor has he chosen to produce any document on his behalf.