JUDGMENT :

1. Aggrieved by the judgment and order passed in Special Case No.76 of 2008 dated 30.6.2014 by the III Additional Sessions Judge and Special Court for Trial of Cases under SC/ST (Prevention of Atrocities) Act, 1989, Tumakuru, whereby the Special Court has convicted the accused for the offences punishable under Sections 376, 506 of Indian Penal Code and Sections 3(i)(xi) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989, the accused has filed the instant criminal appeal.

2. The parties will be referred to as per their ranking in the Special Case before the Trial Court.

3. Case of the prosecution in brief is as follows:

The accused belongs to Kunchitiga caste, which is an upper caste and the victim by name Kumari A.B. Annapoorna, a minor girl aged about 14½ years, belonged to Nayaka caste i.e., scheduled tribe caste. Whenever she went to take milk from the house of accused, they came in contact with each other. It is alleged that since seven months before the date of the complaint, by promising to marry the victim, the accused had committed rape forcibly on her. On the basis of the said allegation, an FIR came to be registered against the accused, on 27.3.2008 at about 7.00 a.m. for the offences punishable under Sections 376 and 506 of Indian Penal Code and Sections 3(i)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as ‘SC/ST Act’). Thereafter, investigation was taken up. A charge sheet was filed against the accused for the offences punishable under Sections 376, 506 of IPC and Sections 3(i)(xi) and 3(2)(v) of SC/ST Act. Before the trial Court, the accused pleaded not guilty and claimed to be tried.

4. The Trial Court formulated the following points for its consideration:

1. Whether the prosecution proves beyond all reasonable doubt that 8 months earlier to 27.03.2008 and subsequently 2 to 3 times at Ankasandra village accused in his house committed rape on Kumari A.B.Annapurna a minor girl aged about 14 ½ years by promising to marry her and she became pregnant of six months and thereby committed an offence punishable u/s 376 of IPC?

2. Whether the prosecution proves beyond all reasonable doubt that accused on the above said date time and place accused committed criminal intimidation and threatened to murder and burn Kumari Annapurna a minor aged 14 ½ years in the forest and thereby threatened to her life with intent to cause alarm to her and thereby committed offence punishable u/s 506 of IPC?

3. Whether the prosecution proves beyond all reasonable doubt that on the above said date, time and place accused not being a member of scheduled caste or scheduled tribe used force against Kumari Annapurna a minor belonging to scheduled tribe with intent to dishonor and outrage her modesty and thereby committed an offence punishable u/s 3(i)(xi) of SC/ST(PoA)Act?

4. Whether the prosecution proves beyond all reasonable doubt that on the above said date, time and place accused not being a member of scheduled caste or scheduled tribe committed an offence of rape under Indian Penal Code punishable with imprisonment for a term of 10 years or more against Kumari Annapurna, a minor aged about 14 ½ years on the ground of such person was a member of scheduled tribe and thereby committed an offence punishable u/s 3(2)(v) of SC/ST(PoA) Act?

5. What order?”

5. In order to prove its case, the prosecution, in all, examined 17 witnesses and got marked 10 Exhibits. On behalf of the defence, no witness was examined, but two exhibits were marked.

6. On trial, the accused was convicted and sentenced as follows:

“ORDER

Accused is sentenced to under go imprisonment for 1 years for an offence punishable u/sec.376 of IPC and with fine of Rs.20,000/. In default of payment of fine, accused shall undergo imprisonment for 6 months.

Accused is sentenced and punished to rigorous imprisonment for a period of one year for an offence punishable u/sec.506 of IPC.

Accused is sentenced and pu