JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

This appeal under Section 374 of Cr.P.C is directed against the judgment and order dated 27.09.2012 passed by the learned Additional District and Sessions Judge, Mandya in Sessions Case No.66/2010.

2. By the impugned judgment, learned Judge held the Appellant (hereinafter referred to as ‘accused’) guilty of offences punishable under Section 417 of the Indian Penal Code (hereinafter referred to as ‘IPC’). He has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.5000/- in default to undergo rigorous imprisonment for a period of three months.

3. The case of the prosecution in brief is as under:-

The prosecutrix –P.W.2 had lodged the FIR alleging that the accused had sexual relationship with her with promise of marriage. He subsequently declined to marry her. Based on the FIR at Ex.P1 lodged by the prosecutrix the crime came to be registered against the accused for offences punishable under Sections 376 and 417 of the IPC.

4. The Police after investigation have filed charge sheet against the accused for offences punishable under Sections 376 and 417 of IPC . The accused pleaded not guilty to the charge and claimed to be