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This is an appeal preferred by the accused challenging the illegality, correctness of the order of conviction and sentence passed by the learned Principal Sessions Court, Belgaum in Sessions Case No.191/2010, dated 22.03.2011 sentencing the appellant to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- for commission of offence under Section 498 of IPC. Further, the accused sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- for commission of offence under Section 292 of IPC read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. Further, the accused was sentenced to pay Rs.1,00,000/- by way of compensation under Section 357(3) of Cr.P.C. to PW2. In default of payment of fine, the accused shall undergo rigorous imprisonment for a further period of six months.

2. The briefly stated facts are that; On 06.04.2009, the accused is land holder and in whose land the prosecutrix, namely, P.W.2 Neelawwa was working as agricultural labourer, enticed her knowing fully well that PW2 is a married woman, took her to Hubli. At Hubli he took her to Ashraya Lodge and sexually assaulted her in a Room No.133 of the said lodge at about 3.30 p.m. on that day, after putting her in fear of death. The accused video-graphed the scene when he was having sex with PW2 by using his mobile handset. Later the accused got prepared the CDs consisting the said scenes, and played the said CDs in the presence of prosecution witnesses Gangadhar and Mahantesh and others, with a view to injure her character, and thereby the accused has committed offence punishable under Sections 498, 506, 376 and 292 of IPC and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.

3. The accused was arrested and produced before JMFC, Saundatti on 04.01.2010. He was remanded to judicial custody. The accused has been in judicial custody.

4. After completing the investigation, charge sheet came to be filed for the alleged offences. The learned Sessions Judge took the cognizance of the offences and registered the case in S.C.No.191/2010 based on the charge sheet filed. The presence of the accused was secured. After hearing both the sides, the trial Court framed the charge against the accused for the offences punishable under Sections 498, 506, 376, 292 of IPC read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. After trial the learned Sessions Judge held the accused guilty of the offences alleged and convicted and sentenced the accused as stated in para No.1.

2. Whether the prosecution has proved before the trial Court beyond any reasonable doubt that the accused has committed offence under Section 292 of IPC read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986, by video- 
           graphing      the        scenes    depicting         the
           performance         of    sexual     act      by     the
           accused on PW2 by making use of his
           mobile       handset         containing            video