IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 869 OF 2014 (C)

BETWEEN:

1. VENKATESH @ VENKATESH S/O LAKSHMANA AGED ABOUT 22 YEARS OCC:COOLIE R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUKA AND DISTRICT-577 501.

2. MANJA S/O LATE MARAPPA AGED ABOUT 24 YEARS OCC:HOTEL WORK R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUKA AND DISTRICT-577 501.

Digitally …APPELLANTS signed by SUMA B N Location: (BY SRI. R B DESHPANDE.,ADVOCATE)

HIGH COURT OF KARNATAKA AND:

THE STATE OF KARNATAKA BY TURUVANUR (JOGI) POLICE STATION CHITRADURGA DISTRICT-577 517.

…RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)

THIS CRL.A. IS FILED U/S 374(2) CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED

22/27.8.14, PASSED BY THE ADDL.DIST.& SESSIONS JUDGE, CHITRADURGA IN S.C.NO.118/2012- CONVICTING THE APPELLANT/ ACCUSED NO.1 & 2 FOR THE OFFICES P/U/S 376(g) AND 506 R/W 34 OF IPC SEC.67(a) OF I.T. ACT 2000.AND APPELLANT/ACCUSED NO.1 & 2 ARE SENTENCED TO SUFFER R.I. FOR 10 YEARS AND TO PAY RS.25,000/- EACH AS COMPENSATION TO THE VICTIM/P.W.1 FOR HAVING COMMITTED THE OFFENCE P/U/S 376(2)(G) R/W 34 OF IPC.2) ACCUSED NO.1 & 2 ARE SENTENCED TO SUFFER R.I. FOR 2 YEARS FOR HAVING COMMITTED THE OFFENCES P/U/S 506 R/W 34 OF IPC.3) ACCUSED NO.1 & 2 ARE SENTENCED TO SUFFER R.I. FOR 3 YEARS AND SHALL PAY RS.10,000/-EACH AS COMPENSATION TO THE VICTIM/P.W.1 FOR HAVING COMMITTED THE OFFENCES P/U/S 67(a) OF I.T. ACT.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the accused Nos.1 and 2 being aggrieved by the judgment of conviction and order on sentence dated 22.08.2014 passed in Special Case No.118/2012 on the file of Additional District and Sessions Judge, Chitradurga (hereinafter referred to as 'trial Court' for brevity) by which the trial Court had passed the following order;

1) Accused No.1 and 2 are sentenced to suffer rigorous imprisonment for a period of ten years and to pay Rs.25,000/- (Twenty five thousand only) each as compensation to the victim/P.W.1 for having committed the offence punishable U/S.376(2)(g) r/w. 34 of IPC.

2) Accused No.1 and 2 are sentenced to suffer rigorous imprisonment for a period of 2 years for having committed the offence punishable U/S.506 r/w. 34 of IPC. 3) Accused No.1 and 2 are sentenced to suffer rigorous imprisonment for a period of 3 years and shall pay Rs.10,000/- (Ten thousand only) each as compensation to the victim/P.W.1 for having committed the offence punishable U/S.67(a) of I.T. Act.

4) All the sentences shall run concurrently.

5) Accused No.1 and 2 shall deposit compensation amount in the court within 30 days from today.

6) If the accused No.1 and 2 failed to deposit the compensation amount within one month from today, the same shall be recovered as per Sec.421 to 423 of Cr.P.C., 7) Accused No.1 and 2 are entitle for set off the period of detention during trial U/S.428 of Cr.P.C., 8) Office to issue conviction warrant as per law.

9) Office to supply a copy of Judgment and order on sentence to the accused No.1 and 2 free of cost forthwith."

2. A complaint dated 18.05.2012 came to be filed by victim alleging that on 18.05.2012, when she was grazing sheep near her village at about 01.00 p.m., accused Nos.1 and 2 were also grazing their sheep. While the victim was resting under the shade of a tree, accused No.1 had called her. When she refused, both accused Nos.1 and 2 had forcibly taken her by holding her hand and put her down on the ground, accused No.1 sat on her chest, while accused No.2 had undressed her and had assaulted her on her left thigh with the stone lying by the side. After the assault, she had come home and had informed about the incident to her aunt namely, Tippamma. That since her mother was not in town, she took some time to give the complaint.

3. That upon the said complaint, jurisdictional police regist