HANMANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant, against conviction and sentence judgment in Spl.S.C.No.9/2013, on the file of the Prl. Dist and Sessions (special) Judge, Dharwad, dated 13.02.2014, wherein the appellant/accused was sentenced for the offences punishable under Sections 376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'Act' for the purpose of brevity)

(2.) The brief facts of the case for the purpose of this appeal are as under:

(3.) The jurisdictional police registered crime No.08/2013 against the accused as per Ex.P.1. They conducted investigation and filed charge sheet against the accused for the offence punishable under Section 376 and Section 6 of the Act before the jurisdictional Court. During the course of investigation the accused was arrested and he was remanded to JC. After taking cognizance Spl. S.C.No.9/2013 was registered. The presence of the accused was secured. After procedure under Section 207 of the Cr.P.C., and after hearing both sides, charge was framed against the accused for the offence punishable under Section. 376 and Section 6 of the Act. The accused pleaded not guilty and claimed to be tried. After trial, the learned Sessions Judge found that accused had committed the of fence punishable under Section 376 and Section 6 of the Act and sentenced the accused to undergo rigorous imprisonment for ten years and to pay fine of Rs.50,000/- in default, to further undergo simple imprisonment for two years, for the offence under Section 6 of the Act. Out of the fine amount a sum of Rs.45,000/- to be paid to the prosecturix as compensation.