The court confirmed the conviction for rape but modified the sentence to 7 and 10 years based on the appellant's circumstances and procedural considerations, ensuring compliance with legal standards.

JUDGMENT :

G.BASAVARAJA, J.

The appellant/accused No.1 has preferred this appeal against the judgment of conviction and order on Sentence dated 28^th January, 2022 passed in SC No.54 of 2017 by the II Additional District and Sessions Judge, Tumkur.

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. The brief facts leading to this appeal are that the Inspector of Police, Women Police Station, Tumkur submitted charge-sheet against the accused for the offence punishable under Section 376 (2)(a)(iii) and Section 202 read with Section 36 of Indian Penal Code. Accused No.1 is charge-sheeted for the offence punishable under Sections 376 (2)(a)(iii) and of Indian Penal Code, and accused No.2 is charge-sheeted for the offence punishable under read with Section 37 of Indian Penal Code.

4. It is alleged by the prosecution that on the intervening night of 14^th and 15^th January, 2017 at 02.15 am, Umesh-Assistant Sub-Inspector of Police working in Tumakuru Rural Police Station and Mallesh-CW3 Homeguard, found CW2-Prosecutrix in front of Sangeetha Bar near Antharasanahalli bye-pass bridge, when accused No.1 Assistant Sub-Inspector of Police was on night rounds. Accused No.1 intercepted Bolero jeep bearing registration No.KA-34/M-5194 driven by accused No.2 and made prosecutrix to sit in the middle row of the jeep and instructed accused No.2 to drive the jeep to drop the prosecutrix. Accused No.1 ravished prosecutrix during the period of conveyance from Antharasanahalli bridge to Nrupathunga bus-stand and thereby committed the offence of rape and accused No.2 has intentionally not disclosed the offence. Thus, committed the offence punishable under Section 202 r/w Section 36 of Indian Penal Code. After completion of investigation, Investigating Officer submitted the charge-sheet, against the accused. After filing the charge-sheet, case was registered in CC No.37 of 2017 by the II Addl. Senior Civil Judge, Tumkur and thereafter, the case was committed to the Court of Sessions and was registered as SC No.54 of 2017.

5. Upon hearing on charges, the trial Court has framed the charges against accused 1 and 2 for the offence punishable under Section 376 (2)(a)(iii) and 376(2)(l) of Indian Penal Code and also under Section 202 read with Section 37 of Indian Penal Code. Charges have been read over and explained to accused 1 and 2. Having understood the same, accused pleaded not guilty and claimed to be tried.

6. On 13^th January, 2022, the trial Court has amended the charge. The amended charge has been read over and explained to accused 1 and 2. Accused 1 and 2 pleaded not guilty and claimed to be tried.

7. To prove the case of the prosecution, in all 26 witnesses were examined as PW1 to PW26. 94 documents were marked as Ex.P1 to Ex.P94. Material objects were marked as MOs1 to 36. On closure of prosecution case evidence, statement under Section 313 of Code of Criminal Procedure was recorded. The accused totally denied the evidence of prosecution case, however, did not choose to lead any defence evidence. Accused No.1 has submitted his written statement. 15 documents were marked as Ex.D1 to D15 through the prosecution witnesses.

8. Having heard the arguments on both sides, the trial Court has convicted accused No.1 for the offence punishable under Section 376 (2)(a)(iii) and (2)(l) of Indian Penal Code and accused No.1 is acquitted for the offence under Section 202 of Indian Penal Code. The trial Court has also passed a sentence to undergo rigorous imprisonment for a period of 20 years with fine of Rs.50,000/- for the offence punishable under (2)(a)(iii) of Indian Penal Code. In