STATE OF KARNATAKA Vs. ANWERSAB

JUDGEMENT

(1.) The material facts of the prosecution case disclose that one Kum. Annapoorna-P.W.1 age about 14 years, is the victim of rape. The accused is the neighbour. The father and brother of P.W. 1, run beetle leave shop near bus stand. The family of P.W. 1 consists of her parents, brother. P.W. 1 says that she also used to sit in the shop to relieve his brother and father some time in a day.

(2.) On 23-6-2002 at about 5.00 p.m. P.W. 5-father of P.W. 1 and her daughter were in the shop. P.W. 1 returned from the shop to home. She went into bathroom. The accused trespassed into the house and bolted the doors of the house, committed rape on her and fled away from the scene. P.W. 1 started crying. Some of the neighbours came and made enquiry with P.W. 1. She narrated the incident of rape. P.W. 1 went to the shop and informed her father, mother and brother who were at the shop. They all went to police station. The complaint of P.W. 1 was registered at 7.30 p.m. The victim was examined by the doctor on the next day at 11.00 a.m. The accused were charged for committing the offence under Sections 447 and 376 of the Indian Penal Code, 1860. The victim is a person belonging to Schedule Tribe. The accused is a person not belonging to either SC or ST. Therefore, the accused is also charged for committing offence under Sections 3 to 5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Trial Court acquitted the accused. The State is in appeal.

(3.) The order of acquittal deserves to be confirmed for the following reasons :