STATE OF KARNATAKA Vs. MAHABALESHWAR GOURYA NAIK

JUDGEMENT

(1.) This appeal by special leave under Art. 136 of the Constitution of India is preferred by the State of Karnataka challenging hejudgment of the High Court of Karnataka rendered in Criminal Appeal No. 413 of 1978.

(2.) The brief facts giving rise to this appeal are as follows:

(3.) It is the evidence of P.W. 4, when he was going from Heg6dm'ane to Siddapur, he heard cries emanating from the right side of the road. He went towards that side and saw the respondent standing there under a tree, raising his underwear (chaddi). P.W. 4 further states that the respondent on seeing him ran away from that place. Then P.W. 4 was told by the prosecutrix that the respondent had spoiled her while she was returning from the school. At the request of the victim girl, P.W. 4 took her to her house.