Judgment.-The appellant Vithappa Bhimappa Koli (accused) was charged with committing rape on a young girl of 10 years by name Chandravva. The learned Sessions Judge convicted him under section 376, Indian Penal Code and in the alternative under section 354, Indian Penal Code and sentenced to two years rigorous imprisonment. This appeal is filed by the accused against this conviction and sentence.

2. The case for the prosecution was that on 20th October, 1970 at about 9 A.M. when Chandravva, P.W. 2, was returning back to her house from the house of Bhimappa, P.W. 6 after giving curds sent by her mother and when she was near the land of one Ramappa, the accused came from behind, caught hold of her and bodily lifted her and took her to a ditch nearby and there he removed her langa and committed rape on her. On hearing the cries of Chandravva P.W. 2, the accused ran away from the place. Gadigeppa, P.W. 4, the cousin of Chandravva came there accidentally and learnt from her about the incident. Both of them went to the village where she narrated the incident to her mother Bhagavva P.W. 5. Then all the three persons met Bhimappa P.W. 6, uncle of Chandravva, and told him about the incident.

Click Here to Read the rest of this document