ORAL JUDGMENT

This appeal is directed against the judgment of conviction and order of sentence dated 31.01.2013 passed in Sessions Case No.180/2012 by the Presiding Officer, FTC-II, Shivamogga.

Facts of the case:

2. That accused was charge sheeted by Circle Inspector of Police, Shikaripura for the offences punishable under Section 450 and 376 of IPC based on the complaint filed by PW.3 Nagaraj, alleging that on 21.06.2012 during the morning hours, he was away from the house and his wife had been to their agricultural land. When he returned at 10.15 a.m. to his house, he noticed that his daughter was screaming. On hearing the same, complainant and one Durgojirao (PW.6) went inside the house and noticed that accused ran away from house by pushing them. They noticed his daughter prosecutrix was crying and was undressed. When he enquired her, she informed, that accused had committed rape on her. Thereafter, complainant went to the Shikaripura Rural Police Station and lodged a complaint alleging commission of rape on his daughter by the accused which was registered in crime No.141/2012 for the aforesaid offences. The victim- prosecutrix was taken to the hospital for medical examination.