(1.) THE accused in SC No. 13812003 on the file of the Fast Track Court, Ramanagaram hereinafter referred to as the 'trial court' for short) has challenged the legality and the correctness of the judgment and order of conviction dated 27. 2. 2007 passed in the said case convicting the respondent accused for the offences under Sections 376 and 448 of IPC and sentencing him to undergo RI for a period of 10 years and also to pay fine of Rs. 50,000/- for the offence under Section 376 IPC and to undergo SI for a period of six months and to pay fine of Rs. 1,000/- for the offence under Section 448 IPC with default sentences of RI for one year and SI for three months respectively for the said offence.
(2.) STATED in brief the case of the prosecution, as alleged in Ex. P1 complaint dated 4. 1. 2003 filed by the victim girl Chikkathayamma, before the PSI of Ramanagaram Town Police Station, Ramanagaram is as under:
(3.) ON the basis of the said complaint a case in Crime No. 1/2003 of ramanagaram Police Station came to be registered against the accused for the offence punishable under Sections 448 and 376 IPC and FIR came to be issued accordingly. The accused was tried by the Trial Court for the said offences and the Trial Court, on appreciation of the oral evidence of pws. 1 to 12, DWs. 1 to 3, and the documents at Exs. P1 to P11 and D1 to d5, passed the impugned judgment and order of conviction and sentence the correctness of which is challenged in this appeal.