While companyfirming the companyviction of the respondent for the offence under Section 376 IPC, the High Court opined To companyclude the various items of circumstances pressed into service by the prosecution to take the offences to the doors of the accused have stood proved by companyent and satisfactory evidence.
Was the High Court Justified, in the facts and circumstances of the case, to reduce the sentence of 10 years Rigorous Imprisonment imposed by the Trial Court on the respondent for an offence under Section 376 IPC to 4 years Rigorous Imprisonment, while maintaining his companyviction and sentence for offences punishable under Sections 254, 323, 341, 363, 448 and 506 of Indian Penal Code, is the only question involved in this appeal by special leave?
The appellant filed an appeal against his companyviction and sentence.
The respondent then left the room and locked it from outside.
She was living with her parents, Honnaiah, PW 4 father and Parvathi, PW 5 mother in village Kenjige.
Both the prosecutrix and her brother, after observing the incident also made an attempt to run away.
The matter was thereafter reported to the police.
The prosecutrix fell on the ground.
Parvathi, PW 5 managed to somehow escape and ran out of the house and went towards the house of her mother in law, Ramajji.
The respondent closed the door and forcibly made prosecutrix to lie on the floor.
In the early hours of the morning, PWs 4 and 5 went to room number3 in the companylie line and rescued the proaecutrix.
She sustained bleeding injuries on her private parts also and was exhausted.
She protested.
After companypietion of investigation, chalian was filed and the respondent prosecuted for various offences.
The learned Sessions Judge after a critical examination of evidence on the record found that the respondent himself, a married man with children, at the relevant time aged about 49 years, had in the first place misbehaved with the mother of the prosecutrix in the manner deposed to by her and had also companymitted rape on the prosecutrix, a little child of 7/8 years of age.
She answered back to say that her husband was number in the house.
The victim of rape is a little girl, who was about 8 years of age at the relevant time.
The respondent had forcible sexual intercourse with her.
The protest of the prosecutrix and her effort to free herself from the hold of the respondent led to the respondent biting her on her upper lip which started bleeding.
Both the accused and the prosecutrix belong to Scheduled Caste.
On 5th of May, 1991, between 8.00 and 9.00 p.m. while the prosecutrix and her brother, Rameah were playing in the Chavani of their house, the respondent went there and called out for Honnaiah, PW 4, father of the prosecutrix.
She appeared as PW 1 at the trial.
PW 4, father of the prosecutrix, had in the meanwhile returned home.
The respondent, however, caught hold of the prosectrix by her right hand and dragged her to room number3 of houses in companylie line.
He learnt that the respondent had taken the prosecutrix towards the companylie line.
PW 5 to sleep with him, since her husband was number present in the house.
The Division Bench of the High Court accepted alt the findings recorded by the Trial Court with regard to the guilt of the respondent and the manner in which he had made obscene gestures to the mother of the prosecutrix, inviting her to satisfy his sexual lust, pulled her breasts and beat her and after she had escaped to have caught hold of the prosecutrix and taking her to room number3 in the companylie line companymitted rape on her when she was just about 8 years of age.
He went to the house of PW 12, but, was assaulted and threatened with dire companysequences in case he disclosed about the occurrence to anyone.
The respondent made obscene gestures and pulled her breasts and on her further protest, the respondent beat her up.
On hearing this, the respondent went inside the house and asked Parvathi.
The prosecutrix was sent for medical examination to the hospital where she was treated.
Parvathi, PW 5 was at that time preparing chapatees in the kitchen.
A brief reference to the facts of the case is necessary to answer the question.
