Bangalore, Aug 16 (DHNS): The Karnataka High Court has imposed a fine of Rs 1 lakh on a rape accused. The incident took place 19 years ago. Earlier, the trial court had dismissed the case for want of evidence.

The High Court order came after the State government challenged the trial order.The Division Bench comprising Justices D V Shylendra Kumar and B V Pinto, which heard the matter for over six hours, convicted the accused Nagendra under Section 417 of IPC (cheating) and imposed a fine of Rs 1 lakh.

 The court observed: “Since the incident took place 19 years ago, there is no point in sending the accused to prison.”

However, considering that the victim Jayamma (name changed) suffered and had to raise her daughter, who is now 18 years old, single-handedly,  the Division Bench directed the accused to deposit the amount in the name of the victim and her daughter.

 If the accused failed to do so, he will have to undergo simple imprisonment of two years, the court ruled. 

False promise 

The victim, a resident of K R Pet in Mandya district, was raped by Nagendra, a farmer and a neighbour, in 1993.

The victim moved the Court stating that she was given a false promise of marriage.

 However, the Mandya Sessions Court ruled in favour of the accused and dismissed the petition stating that the victim was a consenting party to the rape and had not disclosed about the offence until she was nine months pregnant.

The State government moved the High Court in 2007 seeking to quash the sessions court orders.

When the matter came up for hearing before the Division Bench, government counsel N S Sampangi Ramaiah submitted that the trial court had overlooked the DNA report and sought punishment to the accused under Sections 376 and 417 of the Indian Penal Code.

The Division Bench convicted the accused under Section 417 and disposed of the matter.