KANTHEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the accused against the judgment of conviction and order of sentence passed by the Trial Court in S.C.No.202/2012 dated 07.09.2015, whereby convicted the accused for the offence punishable under Section 376 of IPC and sentenced to undergo rigorous imprisonment for a period of ten years and also sentenced to pay fine of Rs.10,000/-. In default of payment of fine, further sentenced to undergo simple imprisonment for a period of six months. It is further ordered that acting under Section 357-A of Cr.P.C., the accused is directed to pay compensation of Rs.2,00,000/- to the victim within a period of three months. In default of payment of compensation, the complainant is at liberty to recover the said amount from the person or property of the accused by invoking the provisions of Section 431 of Cr.P.C. It is further ordered that in default of payment of compensation amount, the accused is sentenced to undergo simple imprisonment for a period of two years.

(2.) Factual matrix of this appeal are as follows:- It is stated in the complaint that on 11.7.2011 at about 11.0 0 a.m., the accused forcibly took the victim aged about 18 years, who is deaf and dumb near his farmhouse in the land bearing Sy.No.110/3 situated within the limits of Ganihar village, pushed her to the ground and forcibly committed rape on her. In pursuance of the act of the accused, on filing of the complaint by the complainant, the crime came to be registered, thereafter, the Investigating Officer has taken up the case for investigation and laid the charge sheet against the accused for the offence punishable under Section 376 of IPC.

(3.) The committal Court has committed the case for trial to the Court of Sessions. Charges were framed, read over and explained to accused, who pleaded not guilty and claims to be tried. Accordingly, plea of the accused has been recorded.