B. C. Deva @ Dyava vs State Of Karnataka

2. Brief facts, which led to the trial of the appellant, are as follows:

3. In the year 1991, the prosecutrix (PW-2), her mother Jayanthi (PW-3) and father Raju (PW-13) were working in Athoor Coffee Estate. They were living in the labour colony of the estate. B. C. Deva @ Dyava - accused herein, was also working as Mistry in the same Coffee Estate. On 28.03.1991, the prosecutrix and her mother had gone to the Coffee Estate for picking up coffee seeds whereas the father joined his routine duty of driving the tractor. During lunch time, the prosecutrix had gone to her house for taking mid-day meal. When after lunch break, the prosecutrix was returning to the Coffee Estate carrying lunch box for her mother, the accused suddenly came behind her, held and dragged her to a distance of about 10 feet inside the coffee garden. The accused shut the mouth of the prosecutrix with his left hand and laid her on the ground underneath the coffee plants. According to the prosecution version, the accused committed forcible sexual assault on the prosecutrix and then ran away from the spot of occurrence. The prosecutrix immediately informed her mother (PW-3) about the incident. The prosecutrix decided to commit suicide as she was unable to bear the dishonour and disgrace caused to her reputation by the act of the accused and she felt that after this incident no suitable boy will offer to marry her. The prosecutrix eventually jumped into nearby water tank located in the Coffee Estate. Shashappa (PW-4), Yashodhara (PW-5), one Babu and Vishwanath, who were doing repair work on the pump house near the water tank, heard the sound from the water tank side. They rushed to the water tank and found the prosecutrix struggling in the water. She was eventually pulled out of the water tank by PW-4 with the help of his associates. On being questioned, the prosecutrix disclosed to PW-4 that she wanted to commit suicide as she was sexually assaulted by the accused. PW-5 went and informed PW-3, the mother of the prosecutrix, about the incident. Both PW-3-the mother and PW-13-the father of the prosecutrix took the prosecutrix to Peryase (PW-6)-Estate Writer of the Coffee Estate and informed him about the incident. PW-6 advised them to lodge police report in the Police Station. Accordingly, the prosecutrix along with her parents went to Police Station, Suntikoppa and lodged a complaint (Ex.P-2) to Naga (PW-14), PSI of the Police Station. On the basis of the said complaint, PW-14 registered a case Crime No.35/91 and submitted First Information Report (Ex.P-6) to the Ilakka Magistrate. PW-14 sent the victim to Madikeri Government Hospital for medical examination. Dr. Nagendramurthy (PW-15), a Deputy Surgeon in the District Hospital, examined the prosecutrix at about 9.15 p.m. and referred her to a Gynaecologist for further examination and opinion. On the same day, Dr. Sachidananda, Gynaecologist, examined the prosecutrix and furnished his opinion. On 29.03.1991, PW-14, the Investigating Officer, went to the place of incident and held the necessary spot mahazer (Ex. P-4) in the presence of PWs-2 and 8 Changappa. Head Constable Revanna (PW-9) arrested the accused at Suntikoppa market and produced him before PW-14, who seized the underwear of the accused vide mahazer (Ex.P-5) prepared in the presence of panch witnesses. The accused was sent for medical examination. Dr. Shivaram Naik (PW-16) examined the accused and furnished Certificate (Ex. P-10). Further investigation of this case was taken over by Dy.S.P. Sathyanarayana Rao (PW-17). After completion of the investigation, a charge sheet was filed before CJM, Madikeri against the accused for an offence punishable under Section 376, IPC. The learned CJM committed the case to the Sessions Court.

10. We have independently analysed the entire oral and documentary evidence appearing on record in order to appreciate the respective contentions of the learned counsel for the parties. The prosecutrix in her deposition clearly and unequivocally stated that on the morning of 28.03.1991 she along with her mother (PW-3) went to the Coffee Estate of Athoor Village for attending to their routine work of picking of coffee seeds and at about 2.00 p.m., she had gone home to take mid-day meals. After taking meals, she returned to the work-site taking meals for her mother in a tiffin box, when on the way the accused, who is known to her, suddenly came behind her, held her body with force and then dragged her to some distance in the Coffee Estate in spite of her resistance and request to the accused to release her. The accused snatched the tiffin box from her hand and put his one hand on her mouth and thereafter laid her on the ground. He lifted her saree and petticoat, opened the zip of his trouser and removed his underwear and then committed forcible sexual assault upon her. After committing the crime, the accused fled away from the scene of occurrence. She stated that she picked up the tiffin box and proceeded to the place where her mother was working. She was weeping and narrated the entire incident to her mother. She told her mother that she felt ashamed of the incident and if other workers working in the Coffee Estate would come to know about the incident, she would feel disgraced and a girl of bad reputation in their estimation as the accused had spoiled her honour and now she will not get a respectable boy to marry her. The prosecutrix decided to commit suicide and suddenly jumped into a nearby water tank. She was rescued from drowning by PW-4 -Shashappa, PW-5-Yashodhara and two other witnesses, namely, Babu and Vishwanath, who were working at pump house near the water tank. She also informed PW-6, the Manager of the Coffee Estate, about the incident and on his advice, she went to Suntikoppa Police Station at about 7.00 p.m. and lodged a complaint to the police official. She was medically examined on the same day. On the following day, she produced her petticoat which was seized under mahazer (Ex. P-3) drawn by the Police. She has been put to lengthy cross-examination by the defence, but her testimony has not been shattered on material aspect. She stated in the cross- examination that after the accused laid her on the ground, she on two or three occasions pushed him aside but she could not succeed to release her from his clutches. It is clear from the testimony of the prosecutrix that the incident took place at a secluded place, which was not noticed by anyone else. The suggestion of the accused that a false case has been lodged against him because of enmity between his family members and the prosecutrix's family has been categorically denied by her. The accused has not placed on record any material to substantiate his defence of enmity between the family members of the parties and, therefore, this plea cannot be accepted in the teeth of the overwhelming trustworthy versions of the prosecutrix and other material witnesses.

7. The High Court, on reappraisal and re-appreciation of the entire evidence on record, confirmed the conviction and sentence. Hence by special leave, this appeal has been preferred by the accused.

14. The Trial Court as well as the High Court have recorded the finding of guilt of the accused based upon proper appreciation of the evidence led by the prosecution in this case. In view of the aforesaid discussion, we do not find any justified and justifiable ground to interfere with the conviction and sentence awarded by the Trial Court and confirmed by the High Court. The appeal is, therefore, dismissed.

15. The accused is on bail. He is directed to surrender before the Trial Court forthwith and to suffer the remaining period of sentence.