MALLIKARJUNA G.N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by petitioner-accused being aggrieved by the Judgment of conviction and sentence passed by the Sessions Judge, Kodagu, Madikeri in Special Case No.161/2018 dated 21.12.2018 convicting the accused-appellant for the offences punishable under Section 376(2)(n) of IPC and Section 363 of IPC.

(2.) Brief facts of the case of the prosecution are that, complainant had been to Mangalore Hospital as care taker of PW.5 who was getting treatment from the said hospital and the accused was also there as care taker in the hospital to provide treatment to his mother. Accused and complainant met each other and there was a love affair between them. The complainant was minor as on the date. After returning from the hospital, the complainant and accused started conversing on the mobile phone and she used to talk with accused. In that light, on 05.06.2018, complainant had gone to Madikeri to obtain caste certificate and she intimated the same to the accused. Accused also came to Madikeri and when the complainant told her that her parents were making arrangements to get her marriage with somebody, the accused induced her and took her in a KSRTC bus to the house of C.Ws.9 and 10 and kept the complainant in the said house. On 24.06.2018 and 25.06.2018, when C.Ws.9 and 10 had gone to attend naming ceremony of some of their relative, at that time, accused came and had a forcible intercourse with the complainant. The father of the complainant filed a missing complaint on 06.06.2018 at about 12.15 p.m. and subsequently, the A.S.I. traced the victim and after recording the statement, a case came to be registered in Crime No.192/2018. After investigation, charge sheet was laid against the appellant - accused. Thereafter, case was committed to the Sessions Court and the Sessions Court took cognizance and secured the presence of the accused. After hearing the learned Public Prosecutor and the learned counsel for the accused, charges were framed, read over and explained to the accused. Accused pleaded not guilty and he claimed to be tried. As such, trial was fixed.

(3.) In order to prove the case of the prosecution, prosecution got examined 17 witnesses as PWs.1 to 17, got marked 14 documents as Exs.P.1 to P.14 and thereafter, accused was examined under Section 313 of Cr.P.C., by putting the incriminating materials were against him, but he denied the same. Thereafter, he has not lead any defence evidence nor got marked any documents. After hearing both the counsels, the impugned judgment of conviction and sentence came to be passed. Challenging the same, accused is before this Court.