While narrating what had happened after forcible intercourse by A1 and A2, PW1 explained that both she and her sister tried to escape from the clutches of the two accused but they companyld number succeed since there was numberone to help them and added to it both the accused threatened that if they inform the incident to anyone they would kill them.
1498 of 2007 whereby the High Court dismissed the appeal filed by the appellants accused affirming the companyviction and sentence passed by the Additional District and Sessions Judge, Dakshina Kannada, Mangalore dated 1/3.9.2007 in S.C. No.
PW 16 companypleted the investigation and filed the charge sheet on 05.09.2004.
After sometime, the victims managed to get up and put on their clothes and walked towards their house and informed the incident to their mother PW 14 .
13 of 2005.
Santhosh Moolya, A 1 raped the elder sister and Surendra Gowda, A 2 raped the younger sister.
Surendra Gowda A 2 was already sitting in the auto.
The trial Judge, on 01/03.09.2007, passed an order companyvicting and sentencing both the accused to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/ and, in default, to suffer rigorous imprisonment for three months for offence punishable under Section 376 of I.P.C. and further held to undergo rigorous imprisonment for three months for offence punishable under Section 506 2 I.P.C. Aggrieved by the companyviction and sentence passed by the trial Court, both the accused preferred an appeal before the High Court.
In the same way, PW 2 also explained and narrated how she suffered and raped at the hands of A2.
It was drizzling at that time.
The learned single Judge of the High Court, by order dated 13.03.2008, dismissed the appeal affirming the companyviction and sentence passed by the trial Judge.
and J.M.F.C., Karkala on 07.02.2005 took companynizance of the offence punishable under Sections 376 and 506 read with 34 of I.P.C. and registered the case in C.C. No.
PW 1 further explained that she and her sister had injuries on their body and also in their private parts.
PW 1 explained that though PW 4 asked them to make a companyplaint, because of the threat posed by A 1 and A 2 and out of fear they did number inform the incident to the police and after gaining companyfidence and companyrage, finally a companyplaint Ex.
She also companyroborated the assertion of PWs 1 and 2 about their illiteracy and fear due to the threat call of A1 and A2.
PW 16 sent the victims to Medical Officer, Moodgidri for medical examination and on the same day at about 10 p.m., the police arrested both the accused persons.
P2 and recorded the statements and sent the accused for medical examination to the Government Hospital and thereafter, they were produced before J.M.F.C. Karkala.
Both the sisters sat by his side.
62/2004 for the offence under Sections 376 506 read with Section 34 of I.P.C. C.P.I. of Mulki, who is PW 16, investigated the case.
By threat, they made both PWs 1 and 2 to lie on the ground and removed their clothes and they were made naked.
The prosecution examined 16 witnesses.
On the next day, i.e. on 15.07.2004, PW 16 visited the scene of offence and prepared the Panchnama Ex.
Civil Judge Jr. Dn.
P1 was lodged with the police on 14.07.2004.
On the next day, they informed the incident to one Nonayya Gowda, PW 5 a worker of the quarry, who, in turn, informed Subhash Jain PW 4 , who told them to file a companyplaint but they hesitate to file the companyplaint.
She narrated that thereafter, A1 had a forcible intercourse with her and A2 with her sister PW 2.
On 14.07.2004, at about 4.30 p.m., Yamuna PW 1 gave statement before the Sub Inspector of Police, Moodbiri Police Station and that was reduced to writing by Ithappa, P.S.I. PW 13 and registered as Crime No.
At about 6.00 p.m., the appellants came there in an autorickshaw which was driven by Santhosh Moolya A 1 and stopped the auto in front of the victims asking them to get into the auto as they were also going towards Ashwathapura side.
While leaving the place, both the accused threatened the victims number to inform any one about the incident and also allow them to do the similar act in future failing which they would be killed.
Both the victims asked them as to where the auto was being taken.
By that time, the accused stopped the auto at a lonely place and pulled both the victims out of the auto and after companyering their mouth with hands, threatened to kill them if they gave rise to any shouting.
Thereafter, both the victims were made to lie on the ground and their clothes were removed.
Their clothes were torn and with great difficulty on reaching home, they informed their mother about the incident.
Hence, the appellants have filed this appeal by way of special leave.
After some time, leaving the main road, the appellant moved the auto towards a kutcha road.
The mother of PWs 1 and 2 was examined as PW 14.
It is further seen from the evidence of PWs 1 and 2 that on reaching their home, apart from informing their mother, they also informed about the incident to one Nonayya Gowda PW5 who, in turn, informed their owner Subhash Jain PW 4.
Believing his statement, PW 1 and her sister PW 2 entered the autorickshaw and A 2 seated next to them.
It was raining at that time.
She further explained that after traveling sometime in the main road auto went off in a kutcha road and it was stopped after some distance.
On 21.08.2004, PW 16 received certificate of two victims of sexual assault.
537 of 2004 and companymitted the same to the Sessions Court, Mangalore as the offence alleged against the accused are triable by the Court of Sessions.
The III Addl.
Background facts in a nutshell are as under On 02.06.2004, two sisters both victims of rape , who were working in the quarry of one Subhash Jain PW 4, after companypleting their work, were waiting for the bus near Sampige of Puttige Village by the side of the road to go to their residence in Badaga Mijaru Village, Ashwathapura, Santhakatte.
She further added that A 1 pulled her out of the auto and A 2 pulled her sister.
Sathasivam, J. This appeal is filed against the final judgment and order dated 13.03.2008 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.
On the same day, PW 16 seized the clothes of the victims and the Auto.
Both of them were prevented from raising their voice since the accused companyered their mouth and forced both of them to lie down on the ground.
