STATE OF KARNATAKA Vs. NASARULLA @ BABU

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and order dated 2.11.2004 passed by the Additional Sessions Judge, Mandya in S.C. No. 93/2002, acquitting the respondent -accused of the charges levelled against him for the offences punishable under Sections 376 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE case of the prosecution in brief is as under: The prosecutrix examined as P.W. 7 is the daughter of P.W. 9 -Rani and they are members of scheduled caste. Husband of P.W. 9 one Raju left her about 3 years prior to March 2002 and thereafter P.W. 9 came to her parental village in Arakere in Mandya District and started living with her daughter P.W. 7 in a house belonging to the father of P.W. 8 -Madamma. Thereafter P.W. 9 developed illicit relationship with the accused Nasarulla @ Babu, resident of Arakere and he also started residing with P.W. 9 in the same house. On 20.3.2002 morning P.W. 9 left the house for coolie work. At that time P.W. 7, aged about 10 years and the accused were in the house. At about 2.00 p.m., the accused committed forcible rape on P.W. 7 inside the house. At that time, P.W. 8 -Madamma, who came to the house of her father for some work, pushed the door of the house where P.Ws. 7 and 9 were residing and since the door got opened, she saw accused lying on P.W. 7 on a gunny bag spread on the floor. Thereafter the accused went away from the place. On the next day at about 4.00 p.m., P.W. 9 returned to the house and at that time P.W. 7 disclosed the incident to her mother. Thereafter P.W. 9 went to the Police Station and made an oral complaint about the incident which was reduced into wiring by P.W. 4 -B. Puttaswamy, ASI of Arakere Police Station as per Ex. P6 and on the basis of Ex. P6, the case in Crime No. 42/2002 came to be registered and the investigation was taken up. P.W. 4 immediately apprehended the accused and handed over the further investigation of the case to P.W. 10 George B. Fernadis, Dy. S.P. During the investigation, P.W. 10 sent the victim girl P.W. 7 to the Hospital for examination. The victim girl was examined by Senior Specialist P.W. 1 -Dr. Prema Kumari in Cheluvamba Hospital, Mysore at about 2.30 a.m. on 22.3.2002 and on examination, a detailed report was sent in that regard. During the spot mahazar conducted by P.W. 10, a Nighty said to have been worn by the victim girl at the time of the incident was also seized and the same was sent for forensic examination. The forensic examination of the Nighty revealed the presence of seminal stains on the said article. During the investigation, the Investigating Officer recorded the statements of P.Ws. 7, 8 and other witnesses and after completing the investigation filed the charge sheet.

(3.) AFTER hearing both sides and on assessment of the oral and documentary evidence, the learned Sessions Judge by the judgment under appeal held that the prosecution has failed to establish the guilt of the accused for the charges levelled against him beyond reasonable doubt. The learned Sessions Judge was of the view that the evidences of P.Ws. 7, 8 and 9 are not worthy of reliance. Having regard to the discrepancies and inconsistencies in their evidence, more so, in the back ground of negative medical evidence with regard to the alleged incident, the learned Sessions Judge was of the view that the accused has been falsely implicated in the case with a view to get compensation under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Therefore, the learned Sessions Judge held that the accused is not guilty of the charges levelled against him. In that view of the matter, the accused was acquitted of all the charges. Being aggrieved by the said judgment of acquittal, the State is in appeal.