ORAL JUDGMENT

Heard Sri Umesh P.S., appearing on behalf of Sri R.B. Deshpande, counsel for the appellant and Sri Rahul Rai K., learned High Court Government Pleader for the respondent.

2. Accused in S.C.No.174/2012 on the file of Principal Sessions Judge, Shivamogga, wherein he has been convicted for the offences punishable under Sections 366 , 376 (2) (f) , 323 and 324 IPC and ordered to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.10,000/- for the offence punishable under Section 376 (2) (f) IPC , has preferred this appeal.

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

Mahila Police, Shivamogga filed a charge sheet against the appellant for the offence punishable under Section 366 -A , 376 (2) (f) , 323 and 324 IPC alleging that on 29.08.2011 at around 8.00 p.m., accused went to the house of the victim and persuaded the victim girl to show the house of Hajira. The victim girl believed the words of the accused and accompanied the accused to show the house of Hajira.

4. After showing the house, when the victim girl wanted to return to her house, accused gagged her mouth and forcibly carried her to an aban