H.G. Ramesh, J.

1. This appeal is filed by the accused against the order of conviction and sentence passed in SC 125/2009 on 23.1.2010 by the III Additional Sessions Judge, Gulbarga.

2. It is stated, complainant and accused are relatives and residents of Mudbal-K village of Jewargi Taluk. On 23.9.2008 around 2.00 p.m. when the complainant was alone in the house, the accused having committed a tress pass, entered the house of the complainant to commit rape on her. He forced the victim complainant to sleep with him and when she refused and started crying, at that time accused by showing knife threatened the victim and assaulted her with hands and fell her on the ground and committed forcible rape. Again on 11.2.2008 around 10.00 a.m. when the complainant was going to the field in the morning, near the land of one Siddanagouda, the accused having assaulted her with hands held her saree and outraged her modesty. Once again on 12.12.2008 in the evening around 5.00 p.m., when the complainant was returning from bus stand towards her house accused met her and started abusing her in the public stating that she shall not file a case against him and also threatened her with dire consequences. The said incident is witnessed by CWs 6 to 8. Later she filed a complaint and it was registered in Crime No. 389/2008. The police after investigation, filed the charge sheet. After committal of the case under Section 209 Cr.P.C. on making over the case to the additional court, the said court has framed the charge against the accused for the offences punishable under Sections 448, 323, 376, 354, 504 and 506 of IPC.

3. Since the accused pleaded not guilty and claimed to be tried, prosecution having examined PWs 1 to 15, got marked 13 documents and MO-1 material object. After raising six issues for consideration, after hearing answering the issues accordingly, the trial court has convicted the accused for the offence punishable under Section 376, IPC and sentenced him to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 10,000/- in default, to undergo simple imprisonment for three months. Out of the fine amount, it is also ordered to pay compensation of Rs. 8,000/- to the victim, while acquitting the accused of the other offences with which he was charged. As against this order of conviction and sentence the present appeal is filed.

4. Heard the counsel representing the parties.

5. It is argued by the learned counsel for the appellant that the complaint is lodged nearly after three months of the alleged incident and there is no supporting medical evidence. Since the parents of the victim girl have asked to marry the victim, when the accused and his parents refused, a false complaint came to be filed. Without there being corroborative evidence the trial court committed an error convicting the accused victim without taking note of the fact of absence of any medical evidence and also the delay in lodging the FIR. The evidence of other witnesses were all interested and they are circumstantial witnesses. There are no eye witness to the incident and has accordingly sought acquittal. In support of his argument, counsel has relied upon several decisions which I shall refer to in the course of my order.

6. It is the submission of the Government Pleader that it is a clear case of forcible rape of the victim at knife point and also by intimidating the complainant the accused forcibly committed rape on her. Though there is delay in lodging the FIR, there is proper explanation offered. According to him, it is elicited in the evidence in the natural course as to the conduct of the accused in committing rape and also abusing in the public and intimidating the victim not to file a complaint. Virtually the incident has been narrated by the victim as has happened. The delay is explainable. Accordingly, it is submitted that the order of conviction and sentence of the accused does not call for interference. Accordingly in support of his arguments, G