CHANNABASAPPA Vs. STATE

JUDGEMENT

(1.) The appellants have challenged the Judgment and Order of conviction for the offence punishable under Sections 376(2) (f) and 377 IPC as against accused No.1/appellant No.1 for the offence punishable under Section 506 r/w Section 34 IPC as against appellant Nos.2 to 4/accused Nos.2 to 4 and awarding sentence, on a trial held by the Sessions Court at Davanagere.

(2.) Sans unnecessary details the prosecution version unfolded during the trial is as under: P.W. 1-Victim is the daughter of P.W.2 and younger sister of P.W.3. They are the residents of Channagiri. She completed her III standard at Kulambi. As she was not able to secure the transfer certificate and was shifted to Channagiri, she was admitted to I standard. It is on 04.06.2001 at about 2.00 p.m. P.W.1 went to the flour mill of one Shanmukhappa, the father of accused No.1 with the food-grains for grinding on the said day. P.W.1 having gone to the flour mill at 2.00 p.m. did not return to home upto 4.00 p.m. In the circumstances P.W.2, her mother was proceeding to the flour mill of Shanmukhappa to enquire as to whether he saw P.W.1- victim and on the way found P.W.1 weeping. When she questioned P.W.1 the reason for weeping, P.W.1 stated that accused No.1 who was in the flour mill asked her to come inside the flour mill and after closing the doors and windows of the flour mill, she was spoiled. When further questioned as to what actually happened, she stated that accused No.1 made P.W.1 to lie on a foodgrain bag and put his male organ in her mouth and after withdrawing it caused penetration by putting his male organ into her private part. So, after hearing this incident from P.W.1, P.W.2 went to the house of the accused, and at that time, it is alleged that accused Nos.2 to 4 including accused No.1 gave a threat to P.W.2 not to go to the Police Station and in case if she files any complaint, her reputation in the village will be spoiled and they will not allow them to live in the village and gave threat of danger to her life. Though she went to the villagers with the complaint, they also advised that she may suffer harassment by the accused. Thereafter, P.W.2 secured her brother and approached the Police Station with the complaint-Ex.P2 and submitted the same to P.W.21-PSI, Honnali Police Station and it was registered on 07.06.2001 at about 6.30 p.m. in Crime No. 108/2001 and he sent the complaint-Ex.P2 and FIR- Ex.P25 to the Magistrate. Later, P.W.20-Police Inspector continued the investigation and visited the scene of occurrence and as shown by the witnesses, held the spot mahazar-Ex.P3 in the presence of P.W.5 and another and seized M.Os.1 to 3, the clothes of P.W.1. Thereafter, he went to the place wherein P. W.2 was threatened by accused 2 to 4 and he held another spot mahazar-Ex.P4 in the presence of the attesting witnesses i.e., P.Ws.5 and 6. He recorded the statement of the witnesses and requested the PWD authorities to draw sketch of the scene of occurrence. In the meanwhile, accused No.1 had consumed poison and was under treatment in the hospital at Davanagere. P.W.20 asked the Police to apprehend and produce accused No.1 before him. He arrested accused Nos.2 and 3 and secured Ex.P10, the medical certificate with regard to the examination of P.W.1 and also requested the other doctors, who treated P.W.1 to furnish the injury certificate. On 26.06.2001, he secured the copy of the FIR- Ex.P18 in Crime No.116/2001, registered the offence against accused No. 1 for attempt to commit suicide. After discharge of the 1st accused from the hospital, he arrested him and recorded his voluntary statement as per Ex.P9. The 1st accused led the Police and the attesting witnesses to his house and produced the clothes, torn lungi, etc. i.e., M.Os.4 to 6 and he seized them under the mahazar-Ex.8 in the presence of P.Ws.8, 18 and 19. Thereafter, the 1st accused took the parents and attesting witnesses to the flour mill and produced M.Os.7 and 8 and he seized them under mahazar-Ex.P9. He sent accused No.1 for the purpose of medical examination and secured the hand-sketch of the scene of occurrence. He sent the seized articles to the forensic experts and obtained the report- Ex.P20 and letter Ex.P21. He secured Ex.P14, the certificate of birth from the school authorities and also collected the serology report-Ex.P23 and the property extract and also the copy of the charge-sheet in Crime No.116/ 2001 and on completion of the investigation, filed the charge-sheet against the accused. During the trial, the prosecution examined P.Ws.1 to 21 and in their evidence got marked the documents Exs.Pl to P25 and M.Os. 1 to 8. The statement of the accused was recorded under Section 313 Cr.P.C. The accused have taken the defence of total denial. The Trial Court on appreciation of the material on record, convicted accused No.1 for the offence under Sections 377 and 376(2)(f) IPC and ordered to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.20,000-00 for the offence under Section 377 IPC and ordered to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.20,000-00 for the offence under Section 376(2)(f) IPC, and accused Nos.2 to 4 were convicted for the offence under Section 506 IPC and they were sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000-00 each. Aggrieved by the conviction and sentence, the accused have approached this Court in appeal.

(3.) I have heard the learned Counsel for the appellants and also the learned Government Pleader.