This appeal is directed against the Judgment and

Order dated 07.07.2018 passed by the Court of Principal

Sessions Judge, Udupi in Sessions Case No.24/2015,

whereby

the

appellant/accused

was

convicted

and

sentenced for offence punishable under Sections 376, 292,

420 and 506 of IPC and Section 67(A) of the Information

Technology Act, 2000 [hereinafter referred to as 8I.T. Act

for short].

2.

Heard the learned counsel for appellant and the

learned HCGP for respondent/State and perused the

evidence and material on record.

3.

It is the case of prosecution that, the accused

who was already married, on a false assurance of marriage,

committed sexual intercourse with the victim/P.W.1 against

her will and while committing the said act, videographed

the act in his mobile phone and transmitted it into a

compact disk [CD] and thereafter refused to marry her and

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also threatened her with dire consequences saying that he

will finish her life, if she revealed the matter to others.

To establish the guilt of the accused, the prosecution

got examined P.Ws.1 to 12 and got marked Exs.P1 to 17

and M.Os.1 and 2. The defence got marked Ex.D1, a

portion of the statement of P.W.2.

The learned Sessions Judge vide impugned Judgment

and Order, convicted and sentenced the accused for the

charged offences. Hence, this appeal.

4.

P.W.1 is the victim who lodged the complaint as

per Ex.P1. Her statement recorded under Section 164 of

Cr.P.C. is marked as Ex.P3.

5.

P.W.2 is the brother of the victim. He is also an

attester to the spot mahazar-Ex.P2 and a witness to Ex.P7

under which the mobile phone-M.O.1 of the accused was

seized, witness to Ex.P8 i.e, the seizure of CD-M.O.2 and

witness to Ex.P4 under which the motorcycle of the

accused was seized.

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6.

P.W.3 is the doctor, who examined the accused

and issued the certificate which is marked as Ex.P9. He has

opined that there is nothing to suggest that the accused is

incapable of performing sexual intercourse.

7.

P.W.4 is the Assistant Engineer, who has

prepared the sketch as per Ex.P10, the spot where the

accused is alleged to have committed sexual intercourse

with the victim.

8.

P.W.5 is the Head Mistress, who has issued

Ex.P11 with regard to Date of Birth of the accused.

9.

P.W.6 is the panch-witness to Ex.P4 under

which the Police seized the motorcycle of the accused.

Exs.P5 and 6 are the photographs of the motorcycle.

10. P.W.7 is another panch-witness to Exs.P2, 4, 7

and 8.

11.

P.W.8 is the WPC., who recorded the further

statement of the victim/P.W.1 as per Ex.P14. Further, she

took the victim to the hospital for medical examination.

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12.

P.W.9 is the Head Constable, who seized the

motorcycle of the accused under Ex.P4.

13.

P.W.10 is the Police Inspector, who took over

further investigation from C.W.22 [P.W.12]. He received

the Medical Report of P.W.1, which is marked as Ex.P13.

He sent the mobile phone [M.O.1] of the accused and CD

[M.O.2] as well as the pubic hair and nail scrapping to the

Forensic Science Laboratory for examination. He has

handed over the further investigation to C.W.22 [P.W.12].

14.

P.W.11

is

the

Police

Sub-Inspector,

who

received the written complaint from P.W.1 on 27.03.2011

and registered a case and issued FIR-Ex.P15. He has

conducted spot mahazar-Ex.P2 in the presence of P.Ws.2

and 7 and arrested the accused. Further, he seized the

mobile phone [M.O.1] of the accused under a mahazar-

Ex.P7 and seized CD [M.O.2] from the house of the aunt of

the accused under a mahazar Ex.P8. On completion of the

investigation, he has filed the charge-sheet for offence

punishable under Sections 376, 292 and 506 of IPC.

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15.

P.W.12

is

the

CPI.,

who

took

further

investigation

from

P.W.10.

He

conducted

seizure

panchanama of the motorcycle of the accused, received

copy of the victim9s statement recorded under Section 164

of Cr.P.C. as per Ex.P3, collected RFSL and CFSL Report as

per Exs.P16 and 17 etc. He has filed additional charge-

sheet against the accused under Sections 376, 292,