(This Criminal Appeal filed U/S.374(2) Cr.P.C. against the Judgment dtd. 27.02.2007 passed by the P.O. FTC. Ramanagaram, Bangalore Rural Dist. Bangalore in S.C.No.138/03-convicting the Appellant/Accused for the offences P/U/SS448 & 376 of IPC and sentencing him to undergo R. 1 for a period of 10 years and to pay a fine of Rs.50,000/- & I.D. he shall undergo further R.1 for a period of one year for the offence P/U/S 376 of IPC and further sentencing him to undergo imprisonment for a period of 6 months and to pay a fine of Rs.1000/- and I.D. He shall undergo further imprisonment for a period of 3 months for the offence p/u/s 448 of IPC. All the sentences of imprisonment shall run concurrently.)

The accused in SC No.138/2003 on the file of the Fast Tract Court, Ramanagaram (hereinafter referred to as the ‘Trial Court’ for short) has challenged the legality nd the correctness of the judgment and order of conviction dated 27.2.2007 passed in the said case convicting the respondent accused for the offences under Section 376 and 448 of IPC and sentencing him to undergo RI for a period of 10 years and also to pay fine of Rs.50,000/- for the offence under Section 376 IPC and to undergo SI for a period of six months and to pay fine of Rs.1,000/- for the offence under Section 448 IPC with default sentences of RI for one year and SI for three months respectively for the said offences.

2. Stated in brief the case of the prosecution, as alleged in Ex.P1 complaint dated 4.1.2003 filed by the victim girl Chikkathayamma, before the PSI of Ramanagaram Town Police Station, Ramanagaram is as under:

(a) On the morning of 2.11.2002, complainant’s mother had gone to attend her agricultural coolie work and her father had gone to Vinayak nagar in connection with his job. Therefore, the complainant was alone in her house.

(b) At about 4.30 PM on that day, while the complainant was alone in her house, the accused Jayaram @ Mamma, the son of her maternal uncle Shivanna who was residing in the house opposite to that of the complainant, suddenly came into the complainant’s house. When she asked him why he came into the house, he said that he simply came there. When the complainant proceeded towards the kitchen, the accused, who was sitting in the house, closed the main door of the house and latched it from inside. On seeing the same, the complainant became frightened and questioned him why he did so. Then he suddenly caught hold of her and put some cloth into her mouth and dragged her into the room and then committed forcible sexual intercourse on her holding her firmly despite her resistance.

(c) In the mean time, the complainant’s father who had gone on his work, came and knocked the door. The complainant’s junior uncle, Junior maternal aunt were also with her father at that time. They asked her to open the door. On hearing their voice, the accused left the complainant, opened the door and ran away.

(d) On being enquired by her father as to what had happened and why the accused had come into the house, the complainant narrated before him the entire incident. Then the complainant’s father informed the parents of the accused and other elders in the village about the incident. They all told him that they would convene a panchayath in the village on the next day. They also asked the complainant’s father not to file complaint before police in respect of the said incident till a decision was to be taken in the panchayath. Therefore, the complainant’s father did not lodge any complaint before police on that day.

(e) On 3.11.2002 at about 8.00 pm, a panchayath was convened with the elders of the village namely R. Ramaiah (CW9), C. Nanjappa (CW6), Nanjegowda (PW6), and Ramaiah (CW4) the accused, his parents, the complainant and her father, all participated in the said panchayath.

(f) In the said panchayath, the accused and his parents agreed that the accused would marry the complainant and the parents of the complainant consented to the same and the pa