The court upheld the conviction of the appellants for serious offences based on credible witness testimonies while recognizing insufficient evidence for conviction under Section 354D.

JUDGMENT :

V. SRISHANANDA, J.

1. Heard Sri Shivakumar Malipatil, learned counsel appearing for the appellants and Sri Jamadar Shahabuddin, learned High Court Government Pleader appearing for the respondent-State.

2. Appellants are accused Nos.1 and 2, who suffered an order of conviction in S.C. No.24/2016 dated 30.10.2019 by the District and Sessions Judge, Yadgiri, (for short ‘trial Court’), and sentenced as under:

“The accused Nos. 1 and 2 are sentenced to undergo rigorous imprisonment for three years and with a fine of Rs.500/- each. In default of payment of fine amount, they shall undergo 15 days simple imprisonment for the offence under Section 366 of INDIAN PENAL CODE .

Further, accused Nos. 1 and 2 are sentenced to undergo rigorous imprisonment for two years and with a fine of Rs.500/- each. In default of payment of fine amount, they shall undergo 15 days simple imprisonment for the offence under Section 354A(1) of INDIAN PENAL CODE .

Further, accused Nos. 1 and 2 are sentenced to undergo rigorous imprisonment for three years and with a fine of Rs.500/- each. In default of payment of fine amount, they shall undergo 15 days simple imprisonment for the offence under Section 354-B of INDIAN PENAL CODE .

Further, accused Nos. 1 and 2 are sentenced to undergo rigorous imprisonment for two years and with a fine of Rs.500/- each. In default of payment of fine amount, they shall undergo 15 days simple imprisonment for the offence under Section 354-D of INDIAN PENAL CODE .

Further, accused No.1 is sentenced to undergo rigorous imprisonment for three and half years and with a fine of Rs.5,000/-. In default of payment of fine amount, accused No.1 shall undergo simple imprisonment for three months under Section 376 , 511 of INDIAN PENAL CODE . Further, accused Nos. 1 and 2 are sentenced to undergo simple imprisonment for six months for the offence under Section 504 of INDIAN PENAL CODE .”

3. Facts in brief, which are utmost necessary for disposal of the present petition, are as under:

3.1 Kodekal Police filed a charge-sheet against the accused-appellants. The charge-sheet materials disclose that on 23.01.2015 victim lady after completing the Court work was proceeding towards the house of PW4, who is her sister, which is situated at Hirehalli Village. After she de-boarded the bus at about 5:30 P.M., when she was proceeding towards the house of her sister, present appellants came in a car bearing No.KA-22/N-0385, abducted her and they took her near the lonely place on the banks of a Nala(Canal).

3.2 Both the accused used their force and tied the hands of the victim lady and disrobed her. They lifted the saree and after removing undergarments of the victim lady and attempted to have a forcible sexual intercourse.

3.3 In order to escape from the clutches of the appellants, victim lady screamed loudly. At that juncture accused/appellants gagged her mouth, but after sufficient struggle victim lady got rescued herself from the clutches of the appellants and again raised hue and cry.

3.4 Hearing the huge hue and cry, husband of PW4, and so also Mallappa and Somanna rushed to the spot. On seeing them, appellants ran away from the spot.

3.5 Later on, accused No.1 threatened the victim lady that somehow she has escaped from their clutches, but he woul