JUDGMENT

Markandey Katju, J. —

1. This appeal has been filed against the impugned judgment dated 17.9.2004 passed by the High Court of Karnataka in Criminal Appeal No. 149 of 1999.

2. The facts of the case have been stated in the impugned judgment of the High Court and the trial court and we are not repeating the same except where necessary.

3. The trial court had acquitted the appellant in the criminal case, but the High Court reversed the judgment and convicted the appellant under Section 376 IPC and sentenced him to imprisonment of 7 years and a fine of Rs. 10,000/-, and also sentenced him to imprisonment of 1 year under Section 417 IPC and a fine of Rs. 10,000/-, both sentences to run concurrently.

4. The case of the prosecution is that on 4.1.1996 the appellant raped one Rathnamma aged 18 years, but he assured her that he would marry her and asked her to keep quiet. It is alleged that subsequently also the appellant had sex with Rathnamma several times and assured her that he would marry her. Rathnamma became pregnant, but the appellant refused to marry her. Hence an FIR was registered in the police station on 4.1.1996 against the appellant under Section 376 IPC.

5. In the tri