STATE OF KARNATAKA Vs. M JAIPRAKASH REDDY

JUDGEMENT

(1.) CHALLENGING the legality and correctness of the order of acquittal passed by the Fast Track Court - VIII, Bangalore City, dated 18th March, 2005 in S.C. No. 350 of 2004 acquitting the respondents- accused persons for the offences punishable under Sections 323, 341, 376 and 504 read with Section 34 of IPC, the State is in appeal

(2.) THE case of the prosecution in nutshell is as follows; Respondent No. 1 is a practicing Advocate. Respondent No. 2 is the wife and respondent No. 2 is the mother of the 1st respondent. On 12/4/2003, P.W. 1 lodged a complaint before Subramanyanagar police against the respondents. It is alleged in the complainant that she had engaged the services of the 1st respondent to defend her two cases which were pending before the Civil Judge (Sr. Dn), Chikballapur and in the said connection, respondent No. 1 had called upon the prosecutrix to attend his office cum residence situated in premises No. 3733, Gayathrinagar Main Road. According to her, when she was in his office/residence, he locked the front door and forcibly held her both hands and dragged her to bedroom and had sexual intercourse with her. However, she did not lodged a complaint immediately, but she informed the incident to her mother, who was in Chickballapur and P.W.2- hostel warden. Later on, when she went to the house of the respondents on 11.4.2003, the respondents 2 and 3 abusing her in filthy language and assaulted with hands. THErefore, a complaint was lodged. Based on the same, a case was registered in Crime No. 112/2003 against the accused persons for the offences punishable under Sections 376, 323, 341, 504 read with 34 of IPC.

(3.) ON appreciating the oral and documentary evidence, the learned Fast Track Court held points No. 1 to 4 in negative and acquitted the accused by order dated 18/3/2005. Being aggrieved by the same, the State has preferred this appeal.