JUDGMENT/ORDER

1. This appeal is preferred by the accused against his conviction and sentence passed by the Presiding Officer, Fast Track Court - III, (sessions), Bengaluru for the offence punishable under Sec. 376 of IPC.

2. Heard the learned counsel for the appellant and learned High Court Government pleader for the State and perused the material on record.

3. The charges were framed against the appellant/accused for the offence punishable under Ss. 376, 417, 420 of IPC. The trial Court found the accused not guilty for the offence punishable under Ss. 417 and 420 of IPC. However, found him guilty for the offence punishable under Sec. 376 of IPC and sentenced him to undergo imprisonment for a period of 7 years and to pay fine of Rs.35, 000.00 and in default, to undergo simple imprisonment for a period of one year.

4. In so far as acquittal of the accused for the offence punishable under Sec. 417 and 420 of IPC, the same has become final, as the State has not preferred any appeal.

5. The case of the prosecution is that the victim girl is a minor aged below 16 years as on the date of commission of the offence. While she was going to school in D.B. Jodahalli, the accused used to follo