BASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the accused challenging the illegality, correctness of the order of conviction and sentence passed by the learned Principal Sessions Court, Belgaum in Sessions Case No.191/2010, dated 22.03.2011 sentencing the appellant to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000.00 for commission of offence under Sec. 498 of IPC. Further, the accused sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000.00 for commission of offence under Sec. 292 of Penal Code read with Sec. 4 of the Indecent Representation of Women (Prohibition) Act, 1986. Further, the accused was sentenced to pay Rs.1,00,000.00 by way of compensation under Sec. 357(3) of Crimial P.C. to PW2. In default of payment of fine, the accused shall undergo rigorous imprisonment for a further period of six months.

(2.) The briefly stated facts are that; On 06.04.2009, the accused is land holder and in whose land the prosecutrix, namely, P.W.2 Neelawwa was working as agricultural labourer, enticed her knowing fully well that PW2 is a married woman, took her to Hubli. At Hubli he took her to Ashraya Lodge and sexually assaulted her in a Room No.133 of the said lodge at about 3.30 p.m. on that day, after putting her in fear of death. The accused video-graphed the scene when he was having sex with PW2 by using his mobile handset. Later the accused got prepared the CDs consisting the said scenes, and played the said CDs in the presence of prosecution witnesses Gangadhar and Mahantesh and others, with a view to injure her character, and thereby the accused has committed offence punishable under Sections 498, 506, 376 and 292 of Penal Code and Sec. 4 of the Indecent Representation of Women (Prohibition) Act, 1986.

(3.) The accused was arrested and produced before JMFC, Saundatti on 04.01.2010. He was remanded to judicial custody. The accused has been in judicial custody.