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2004 DIGILAW 551 (KAR)

STATE OF KARNATAKA v. K. P. THIMMAPPA GOWDA

2004-09-17

A.M.FAROOQ, K.RAMANNA

body2004
FAROOQ, J. ( 1 ) THIS is an appeal filed by the State against the order dated 18-11-1998 in Sessions Case No. 116/96 on the file of the learned Additional Sessions Judge, shimoga acquitting the respondent-accused who was charged for the offence punishable under Sections 376 and 417, IPC. ( 2 ) BRIEF facts of the prosecution case are that PW-9 Smt. Rathnamma is the daughter of PW-11 Smt. Gowramma and PW-12 ramachandrappa and they are residents of pallavanahalli village in Honnali Taluk, shimoga District, Karnataka. Accused is also a resident of the same village. PW-9 was a girl aged more than 16 years in 1996. The accused had his own land and he was also educated but unemployed and bachelor during that period. He used to engage pw-9 for coolie work in his land and he is alleged to have forcibly seduced her to permit to have sexual intercourse with her about 8 months prior to 4-1-1996 the day when a complaint was lodged against him alleging offence under Section 376, IPC. ( 3 ) IT is the prosecution case that when pw-9 who was an illiterate girl was alone in her house, the accused without her permission entered her house and forcibly committed rape on her against her will. That thereafter the accused assured PW-9 rathnamma that he would marry her and asked her to keep quiet. It is the further case of the prosecution that thereafter the accused had abused her sexually several times by giving false assurances that he would marry her in future. PW-9 became pregnant and her mother PW-11 Gowramma came to know about the same when she had taken her for treatment to a hospital. PW-11 thereafter informed the matter to other members of the family and a panchayat was called in the village and the accused was called to the panchayat and asked to marry PW-9 but the accused refused to marry PW-9. That thereafter PW-9. along with her parents went to the Superintendent of Police and lodged a complaint which was registered at niyamathi Police Station, Shimoga in Cr. No. 3/96. PW-13 who was the Circle Inspector of Police, Honnali Circle investigated the matter and filed charge-sheet against the accused for the above-mentioned offences under Sections 376 and 417, IPC. ( 4 ) DURING the course of trial, prosecution examined PWs-1 to 14 and got exhibited Ex. P-1 to P-13. No. 3/96. PW-13 who was the Circle Inspector of Police, Honnali Circle investigated the matter and filed charge-sheet against the accused for the above-mentioned offences under Sections 376 and 417, IPC. ( 4 ) DURING the course of trial, prosecution examined PWs-1 to 14 and got exhibited Ex. P-1 to P-13. The learned Sessions judge after hearing the Public Prosecutor and the learned counsel for the accused respondent was of the view that the act of sexual indulgence by PW-9 is an act of promiscuity and that the prosecution has failed to establish that the accused had committed rape on PW-9 and that there was no duress, force or threat to PW-9 and ultimately acquitted the respondent of both the charges. ( 5 ) I have heard Sri Belliappa, learned high Court Government Pleader for the appellant. He submitted that the evidence of pw-9 has not been properly considered by the trial Court and that the trial Court has not kept in mind the various principles laid down by the Hon'ble Supreme Court and the high Courts while considering a case of sexual abuse against a young woman. The learned High Court Government Pleader cited judgment of the Hon'ble Supreme court in State of Punjab v. Gurmit Singh, 1996 Cri. LJ 1728 : ( AIR 1996 SC 1393 ) and a judgment of Calcutta High Court in sanatan Ghosh v. State, (1987) 1 Crimes 157. The learned High Court Government pleader submitted that there is nothing to disbelieve the evidence of PW-9 who is an illiterate village girl eking out her livelihood by doing coolie work and looking after her blind father, mother and kids. He, therefore, submitted that it is a fit case where this Court should interfere with the order of acquittal and convict the accused for an offence punishable under Section 376, IPC and for deception u/s. 417, IPC. ( 6 ) ON the other hand, Sri Venkatareddy learned counsel appearing for the respondent-accused submitted that a perusal of the evidence of alleged victim PW-9 will show that she was a consenting party to all the sexual abuses allegedly suffered by her. It is stated that it is a clear case of consent and there appears to be no force used on pw-9 by the accused to allow herself to be sexually abused. It is stated that it is a clear case of consent and there appears to be no force used on pw-9 by the accused to allow herself to be sexually abused. It is stated that if all the circumstances are taken together it will be very clear that the accused is innocent and he has not committed any offence. It is submitted that the trial Court has taken into consideration all the materials on record and has given cogent reasons for holding that the prosecution has failed to establish the charges against the accused and there is absolutely no ground to interfere with the order of acquittal passed by the trial Court. It is his further submission that even if this court could take a different view on the facts and circumstances of the case, being an order of acquittal, this Court may not reverse the said order when it is found that the reasons given by the trial Court to acquit the respondent cannot be said to be arbitrary or perverse. He, therefore, prayed for dismissal of the appeal. ( 7 ) WE have been taken through the entire materials on record as well as the impugned judgment of acquittal. The Hon'ble supreme Court in State of Punjab v. Gurmit singh, 1996 Cri LJ 1728 : ( AIR 1996 SC 1393 ) has observed that"of late, crime against women in general and rape in particular is on the increase. It is an irony that while we are celebrating women's rights in all spheres, we show little or no concern for her honour. It is a sad reflection in the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes. We must remember that a rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely a physical assault, it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female. The Courts, therefore, shoulder a great responsibility while trying an accused on charges of rape. They must deal with such cases with utmost sensitivity. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female. The Courts, therefore, shoulder a great responsibility while trying an accused on charges of rape. They must deal with such cases with utmost sensitivity. The Courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the prosecutrix, which are not of a fatal nature, to throw out an otherwise reliable prosecution case. If evidence of the prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reason the Court finds it difficult to place implicit reliance on her testimony, it may look for evidence which may lend assurance to her testimony short of corroboration required in the case of an accomplice. The testimony of the prosecutrix must be appreciated in the background of the entire case and the trial Court must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestations. " ( 8 ) THE accused and the complainant PW-9 rathnamma are residents of Pallavanahalli village. They are neighbours. The house of accused is third house from the house of pw-9. PW-9 works as labourer looking after her blind father, mother and others. The accused is from an agricultural family and having 8 acres of land of which 1 acre is a garden land which show that the accused is a well to do person. PW-9 was working in the land of the accused. ( 9 ) IT is in the evidence of PW-9 that one day the accused went to her house when no other person was present in the house, entered the house and closed the door. According to PW-9. he gagged her mouth with panche and thereafter forcibly had sexual intercourse with her. She has stated that in spite of her protest the accused gagged her mouth, made her lie down and thereafter committed rape on her by gagging her mouth. She has further stated that the accused told her not to disclose the fact to anybody as otherwise he would not marry her. She has further stated that she did not disclose the same to any member of her family thinking that the accused may not marry her. She has further stated that the accused told her not to disclose the fact to anybody as otherwise he would not marry her. She has further stated that she did not disclose the same to any member of her family thinking that the accused may not marry her. She states that she may be about 13 years at that time and it was 1 1/2 years after she had attained puberty. She further states that one month thereafter when she had been to the land of the accused for work, he again committed rape on her once again despite her not consenting and again promising her that he would marry her. She has stated that she became pregnant and started vomiting. That her parents took her to the hospital for treatment and then it became known to her parents that she was pregnant and on questioning she disclosed about the fact of the accused having committed rape on her and the pregnancy was the result of such rape. That after return from the hospital she informed about her pregnancy to the accused but the accused told her to abort the child. 'that when she told this to her father he did not agree. She has stated that one day her parents took her and left her In the house of the accused but the parents of the accused and his brother assaulted her and sent her out. That she was sitting in front of the house of the accused and the villagers gathered and gave advice to both the families. ( 10 ) PW-9 has further stated that a panchayat was held, accused was questioned in the panchayat but he did not agree to marry her. That one Siddappa did not allow her father to lodge complaint immediately but oh the next day they went to the police station and lodged the complaint and ex. P-3 is the complaint filed by her. She has stated that she gave birth to a child somewhere in January, 1996 and the police had collected blood sample of herself and her child and also that of the accused. She has stated that the accused thereafter married her. It is pertinent to mention here itself that even though the accused has admitted that a marriage was performed between them but it was a forcible marriage. She has stated that the accused thereafter married her. It is pertinent to mention here itself that even though the accused has admitted that a marriage was performed between them but it was a forcible marriage. She has stated that marriage was performed at Sri Thirtharameshwara at Ishwara Temple in Belagutti and the accused had offered 1 acre of land and Rs. 5000/- for her daughter and the accused wanted her to withdraw the complaint. That the accused asked her to keep quiet for four months and that thereafter he would take her to his house. But the accused did not take her at all. She has identified the marriage photographs and the negatives which were taken along with the accused as per Ex. P-4 to P-6, negatives being Ex. P-4 (a) to P-6 (a ). ( 11 ) IN the cross-examination she has stated that on the day when the accused first came into her house, he entered the house and closed the door by force and pushed her inside the kitchen room and despite of her protest the accused sexually abused her. Further she has stated in her cross-examination that 8 or 10 days thereafter the accused once again tried to rape her but she avoided and thereafter he committed rape on her in the agricultural land during day time and that too forcibly against her wish. She has stated that thereafter several times the accused committed rape on her with the same promise of marrying her. ( 12 ) IN the cross-examination a suggestion is made to the effect "it is not true to suggest that my marriage was performed with the accused about 3 years 3 months back in the month of May, 1995 by the above persons (above persons means Bopanahalli maheshwarappa, Honnali Shivalingappa, paravanahalli Manjappa and Chandrappa ). In the cross-examination she has stated that the accused might have abused her sexually nearly 100 times. In further cross-examination she has stated in para 20 that whenever the accused had sex with her she had opposed the same and never consented for the same. ( 13 ) PW-11 mother and PW-12 father of pw-9. have stated as to how they had come to know about the pregnancy of PW-9, thereafter holding of panchayat and as to how the accused ultimately married PW-9 and promised to take PW-9 home. ( 13 ) PW-11 mother and PW-12 father of pw-9. have stated as to how they had come to know about the pregnancy of PW-9, thereafter holding of panchayat and as to how the accused ultimately married PW-9 and promised to take PW-9 home. PW-11 in the cross-examination has stated that normally he stays in the house but he did not know about the relationship of the accused with pw-9 and only later he came to know that the accused had sexual relationship with pw-9 in his agricultural land. He has stated that PW-9 his daughter told him that the accused had abused her in the house also. He has stated that at no time Rathnamma had sex in the house. ( 14 ) IT may not be necessary to cull out the evidence of the other witnesses because of all of them are formal witnesses. ( 15 ) WE are aware that this is an appeal against an order of acquittal and this Court has to keep in mind the fact that the respondent accused has been acquitted by the trial Court by a considered judgment. The question to be considered by this Court is as to whether the reasonings given by the trial Court to disbelieve the evidence of PW-9 can be said to be perverse and whether the trial Court has kept in mind the principles laid down by the Hon'ble Supreme Court and other High Courts regarding the appreciation of evidence in a case involving sexual abuse of woman and how the evidence of the victim of such sexual abuse has to be appreciated. ( 16 ) IN Words and Phrases permanent edition Volume VIII-A at page 205 the following has been quoted :"that adult female's understanding of nature and consequences of sexual act must be intelligent understanding to constitute 'consent1, consent within the penal law, defining rape, requires exercise of intelligence based on knowledge of its significance and moral quality and there must be a choice between resistance and assent. Legal consent, which will be held sufficient in a prosecution for rape, assumes a capacity to the person consenting to understand and ap-preciate the nature of the act committed, its immoral character, arid the probable or natural consequences which may (sic) attend it. Legal consent, which will be held sufficient in a prosecution for rape, assumes a capacity to the person consenting to understand and ap-preciate the nature of the act committed, its immoral character, arid the probable or natural consequences which may (sic) attend it. In Rao Harnarayansingh Sheojisingh v. State, reported in AIR 1958 Punjab 123 : (1958 Cri LJ 563} it was observed that a mere act of helpless resignation in the face of inevitable compulsion, quiescence, non-resistance, or passive giving in. when volitional faculty is either clouded by tear or vitiated by duress, cannot be deemed to be consent as understood in law. Consent, on the part of a woman as defence to allegation of rape, requires voluntary participation, not only after the exercise of intelligence, based on the knowledge, of the significance and moral quality of the act, but after having freely exercised a choice between resistance and assent. Submission of her body under the influence of fear or terror is no consent. There is a difference between consent and submission. Every consent involves a submission but the converse does not follow and a mere act of submission does not involve consent. Consent of the girl in order to relieve an act. of a criminal character, like rape, must be an act of reason accompanied with deliberation, after the mind has weighed as in a balance, the good and evil on each side, with the existing capacity and power to withdraw the assent according to one's will or pleasure. " ( 17 ) THE Hon'ble Supreme Court in Uday v. State of Karnataka. ILR 2003 Kant 2512 : 2003 Cri LJ 1539 : (2003 AIR-Kant HCR 722) has quoted the several judgments of the supreme Court as well as several High courts as to the definition of consent. One of thejudgment quoted with approval is the judgment of Kerala High Court in Vijayan piliai v. State of Kerala (1989) 2 Ker L J 234 : (1989 Cri LJ NOC 202 ). where Balakrishnan, j. as he then was has held as follows :"10. The vital question to be decided is whether the above circumstances are sufficient to spell out consent on the part of PW-1. where Balakrishnan, j. as he then was has held as follows :"10. The vital question to be decided is whether the above circumstances are sufficient to spell out consent on the part of PW-1. In order to prove that there was consent on the part of the prosecutrix it must be established that she freely submitted herself while in free and unconstrained possession of her physical and mental power to act in a manner she wanted. Consent is an act of reason accompanied by deliberation, a mere act of helpless resignation in the face of inevitable compulsion, non-resistance and passive giving in, cannot be deemed to be 'consent'. Consent means active will in the mind of a person to permit the doing of the act of and knowledge of what is to be done, or of the nature of the act that is being done is essential to a consent to an act. Consent supposes a physical power to act, a moral power of acting and a serious and determined and free use of these powers. Every consent involves submission, but it by no means follows that a mere submission involves consent. In Jowitt's Dictionary of English Law, iind Edn. O1. 1 explains consent as follows : "an act of reason accompanied with deliberation, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things a physical power, a mental power and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, mediated imposition, circumvention, surprise or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. " ( 18 ) WHILE considering the question of consent, all Courts have reiterated the view that a woman is said to consent only when she agrees to submit herself while in free and constrained possession of her physical and moral power to act in a manner she wanted. Consent implies the exercise of a free and untrammelled right to forbid or withhold what is being consented to; it always is a voluntary and conscious acceptance of what is proposed to be done by another and concurred in by the former. Ultiately in paragraph Nos. Consent implies the exercise of a free and untrammelled right to forbid or withhold what is being consented to; it always is a voluntary and conscious acceptance of what is proposed to be done by another and concurred in by the former. Ultiately in paragraph Nos. 21 and 22 of the judgment in Uday's case (2003 Cri LJ 1539) : 2003 AIR Kant HCR 722 (supra) the Hon'ble Supreme Court held as follows :"21. It, therefore appears that the consensus of judicial opinion is in favour of the view that the consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact. A false promise is not a fact within the meaning of the Code. We are inclined to agree with this view, but we must add that there is no straitjacket formula for determining whether consent given by the prosecutrix to sexual intercourse is voluntary, or whether it is given under a misconception of fact. In the ultimate analysis, the tests laid down by the Courts provide at best guidance to the judicial mind while considering a question of consent, but the Court must, in each case, consider the evidence before it and the surrounding circumstances, before reaching a conclusion, because each case has its own peculiar facts which may have a bearing on the question whether the consent was voluntary, or was given under a misconception of fact. It must also weigh the evidence keeping in view the fact that the burden is on the prosecution to prove each and every ingredient of the offence, absence of consent being one of them. 22. The approach to the subject of consent as indicated by the Punjab High Court in Rao Harnarain Singh (1958 Cri LJ 563 : air 1958 Punjab 123) and the Kerala High court in Vtjayan Pillai (1989 Cri LJ NOC 202) has found approval of the Apex Court in state of H. P. v. Mange Ram (2000 Cri LJ 4027 : AIR 2000 SC 2798 ), Balakrishnan, j. , speaking for the Court observed (Para 12): "the evidence as a whole indicates that there was resistance by the prosecutrix and there was no voluntary participation by her for the sexual act. Submission of the body under the fear of terror cannot be construed as a consented sexual act. Consent for the purpose of Section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent. Whether there was consent or not, is to be ascertained only on a careful study of all relevant circumstances. " ( 19 ) NOW let us consider the evidence of the prosecutrix in the present case. The evidence of the prosecutrix PW-9 Rathnamma disclose that when she was alone in the house the accused without permission entered the house and despite her protest and refusal, the accused bolted the door; and gagged her mouth and had forcible sexual intercourse with her. The accused who is her neighbour knew that PW-9's parents were not in the house at that time. He took undue advantage of the poor illiterate village girl doing coolie work in his agricultural land. PW-9 has stated that the accused af ter committing the sexual abuse on her, promised to marry her and told her not to disclose the same to any person as other- wise he would not marry her and, therefore, she did not disclose the same to any per- son. It should be kept in mind that she is an illiterate, innocent village girl and believed the accused who is her neighbour and em- ployer. Her parents came to know her preg- nancy after consulting a doctor in the hos- pital where PW-9 was taken for treatment. Thereafter a panchayat was held and though the accused refused to marry PW-9 before the panchayat, ultimately the accused ap- pears to have married her. He has admitted the marriage in his S. 313, Cr. P. C. state- ment in answer to question No. 20 put to him but according to him he was forced to marry PW-9. It is difficult to believe his ex- planation. A person who before panchayat- dars refused to marry PW-9 would have later on agreed because of use of force. The ac- cused is an educated person. After the inci- dent he had secured a teacher's job. It is difficult to believe his ex- planation. A person who before panchayat- dars refused to marry PW-9 would have later on agreed because of use of force. The ac- cused is an educated person. After the inci- dent he had secured a teacher's job. On the other hand PW-9 is an illiterate poor girl eking out her livelihood by coolie work and looking after her blind father and other mem- bers of the family. She was employed by the accused in his agricultural land. The ac- cused has denied everything put to him in his 313 statement except the marriage. The evidence on record clearly disclosed that he was the neighbour of PW-9. He knew the timings when PW-9 was alone in the house. He took advantage of PW-9 being alone in the house and forcibly entered the house and closed the door and despite protest from pw-9 he gagged her mouth and sexually assaulted her. The evidence of PW-9 shows that she never consented to be sexually abused by the accused. It is the accused who forcibly entered her house and gagged her mouth and forcibly committed sexual as- sault on her. The accused has taken advan- tage of the illiteracy, poverty 'and helpless- ness of the young girl PW-9. The evidence on record disclosed that the accused in or- der to appease her and in order to see that pw-9 consents him to continue to have sexual relationship with her promised to marry her which ended in impregnating PW-9. The evidence also clearly disclosed that the accused and his parents finding that the girl is from a poor family doing coolie work was not a suitable match to the accused and hence all of them refused to take PW-9 in afmarriage. The accused married another girl. When coming to know that there were unimpeachable evidence before the Court in proof of the offence u/s. 376, IPC which would end in his conviction for an offence u/s. 376, IPC the accused went through a ceremony of marriage with PW-9 and thereafter ditched her. ( 20 ) THE trial Court in our view has not properly considered the evidence of PW-9 and the other facts and circumstances of the case which renders the evidence of PW-9 acceptable and truthful and which clearly make out a case u/s. 376, IPC. ( 20 ) THE trial Court in our view has not properly considered the evidence of PW-9 and the other facts and circumstances of the case which renders the evidence of PW-9 acceptable and truthful and which clearly make out a case u/s. 376, IPC. One of the reasons given by the trial Court is that PW-9 has stated that the accused first committed rape on her in her house but her father PW-12 has stated that at no time Rathnamma had sex in his house. It is nobody's case that pw-12 is a witness to the sexual abuse by the accused on PW-9. In the cross-examination he has stated that he was normally staying in the house and that he was not knowing the relationship of PW-9 with the accused and he came to know of the same only after the doctor who examined his daughter PW-9 told him and that subsequently he came to know that the accused had sexual relationship with PW-9 rathnamma in his agricultural land and she had told him that once she had sex in the house of the accused. He has thereafter stated that at no time Rathnamma had sex in his house. What appears from the cross examination is that questions were put to pw-12 about his getting information from his daughter PW-9 the victim and what he has narrated is what was told by her. Just because in the narration recorded by the court to the effect that at no time PW-9 rathnamma had sex in his house does not mean that PW-12 was always following PW-9. The Court should appreciate the evidence in a practical way keeping in mind surrounding circumstances and the way the life moves in a village. ( 21 ) THIS act of the accused in committing the sexual offence with PW-9 is contended to be with her consent. As held by the Honble Supreme Court and the several high Courts consent always means free will or voluntary act. What one can gather from the evidence of PW-9 Rathnamma is; her consent was obtained by force. The accused all of a sudden entered her house which took the illiterate girl by shock and after entering the house the accused closed the door and gagged her mouth. This act of the accused cannot be termed to be consent of PW-9. What one can gather from the evidence of PW-9 Rathnamma is; her consent was obtained by force. The accused all of a sudden entered her house which took the illiterate girl by shock and after entering the house the accused closed the door and gagged her mouth. This act of the accused cannot be termed to be consent of PW-9. The further evidence of PW-9 shows that the accused who was her neighbour after sexually abusing her promised her that he would marry her. As an innocent illiterate village girl PW-9 did not disclose the fact to anybody including her mother and she was always under the impression that the accused would honour his promise of marrying her. The act of the accused in giving such promise was a deception practiced on PW-9 in order to deceive her and to carry on sexually abusing her all the time and that is what happened which ultimately ended in PW-9 becoming pregnant and delivering a female child. The accused thereafter appears to have ultimately married her in a temple. He has admitted this fact in his 313 statement. But the fact disclosed from the evidence is that before the marriage with PW-9 he had already married another lady. Even in his 313 statement what he has stated is that he was forced to undergo the marriage with PW-9 and that means he is denying that he has married her. ( 22 ) THE evidence of PW-9 shows that she was in fear when the accused without knocking the door all of a sudden entering her house when she was all alone and in such circumstances if PW-9 submits to the lustful acts under the influence of fear cannot be said to be her consent. Mere submission cannot be a consent. In order to prove consent the circumstances should show that pw-9 freely submitted herself while she was in free and unconstrained possession of physical and mental power in which she acted in a manner she wanted but the evidence of PW-9 discloses that her submission even if it could be called submission is a mere act of helpless resignation in the face of inevitable compulsion. The evidence further discloses that there was no voluntary participation by her for the sexual act. The evidence further discloses that there was no voluntary participation by her for the sexual act. When there is no voluntary participation after exercise of intelligence based knowledge of the significance and moral quality of the act and there was absolutely no time for pw-9 who is an illiterate poor village girl to think, the accused pounced upon her and sexually abuses her. In view of all these circumstances, we are clearly of the view that such sexual abuse cannot be said to be with her consent as contended on behalf of the respondent-accused. Thus we reject the contention on behalf of the respondent that evidence of PW-9 shows consent on her part. The prosecution has been able to prove that the accused has committed an offence of rape on PW-9. ( 23 ) THE respondent-accused is also charged for an offence punishable under section 417, IPC. To convict a person under section 417, IPC, the prosecution has to prove that the accused has committed deception on PW-9 and intentionally inducing pw-9 to do or omit to do anything which she would not have done or omitted if she were not so deceived and which act or omission caused damage and harm to PW-9 in body, mind and reputation. The evidence of pw-9 clearly discloses that the accused who had employed the poor illiterate girl induced pw-9 to allow him to have sexual intercourse with her after the first time he had forcibly arid deceptively abused her sexually and thereafter by intentionally inducing PW-9 by deception stating that he would marry her, made her to cause damage and harm to her body, mind and reputation. The evidence given by PW-9 is very clear in that aspect of the matter and we hold that the accused has also committed an offence under Section 415, IPC which is punishable under Section 417, IPC. ( 24 ) IN the result, after a careful reconsideration of the evidence on record, we hold that the respondent-accused has committed an offence punishable under Section 376, IPC for having sexual intercourse with pw-9. We further hold that the accused has also committed an offence punishable under Section 417, IPC. In that view of the matter, the impugned judgment and order passed by the trial Court is liable to be set aside and the appeal filed by the State is entitled to be allowed. Ordered accordingly. We further hold that the accused has also committed an offence punishable under Section 417, IPC. In that view of the matter, the impugned judgment and order passed by the trial Court is liable to be set aside and the appeal filed by the State is entitled to be allowed. Ordered accordingly. The respondent accused is sentenced to under rigorous imprisonment for 7 years and to pay a fine of Rs. 10,000/- in respect of offence under Section 376, IPC. On default of payment of fine, he is directed to undergo simple imprisonment for a period of 3 months. Further the respondent-accused is sentenced to undergo simple imprisonment for a period of one year and to pay a fine of rs. 10,000/- in respect of offence under Section 417, IPC. And in default of payment of fine, the accused-respondent shall undergo simple imprisonment for a period of three months. Both the sentences shall run con currently. The respondent-accused is entitied for set-off under Section 428, Cr. P. C for the period undergone by him in jail as an undertrial prisoner. Appeal allowed. --- *** --- .