STATE OF KARNATAKA Vs. BIDDADEPPA

JUDGEMENT

(1.) This criminal appeal is filed challenging the Judgment and Order of acquittal dated 31.10.2015 passed by the Additional District and Sessions Judge at Gagad in S.C.No.1/2015.

(2.) The case of the prosecution is that the complainant (CW-1) lodged a complaint on 30.09.2014 at 16.00 hours alleging that on 26.09.2014 at about 3.00 pm., when she was alone at home, the accused entered the house and requested for a glass of water which she gave. The accused drank the water and later closed the door and gagged the complainant. The complainant allegedly protested, to which the accused threatened to kill her and later raped her. She alleged that as a result, she felt inebriated and slept off. Later the accused woke her up and took her in a bus. When she regained her conscious she was traveling in a bus along with the accused and when she enquired where she was being taken, the accused reprimanded her to keep quiet and not to disclose it to anybody and that the accused promised to marry her. Later the accused allegedly took her to Chikkamagaluru and then to Dharmasthala. On Sunday morning, she and the accused bathed in Nethravathi river and later at 12.00 Noon when they were in Dharmasthala, CW-4 who was a resident of the same village met the accused and the complainant and enquired what they were doing at Dharmasthala. It was alleged that the accused informed CW-4 that they desired to marry. The complainant then disclosed that she was intimidated to accompany the accused. CW-4 is stated to have informed the parents of the complainant and on the same day at 9.00 pm., CW-5, CW-7 and CW-8 went to Dharmasthala and got her back and left the accused at Dharmasthala. The complainant lodged a complaint with Mundaragi Police Station on 30.09.2014, who registered Cr.No.146/2014 for the offences punishable under Section 506, 376, 448, 363 of the Indian Penal Code, 1860.

(3.) The complainant was examined at the District Hospital, Gadag on 30.09.2014 and it was found that she had a history of recent hymen tears and bruises on the breast. It was also found that she had a history of Psychosis and was under medication. The complainant is stated to have disclosed that she was pinned to the ground and was raped. The statement of the complainant was recorded under Section 164 of the Criminal Procedure Code, 1973 (Cr.P.C.) before the JMFC., Mundargi on 01.10.2014. It is alleged that the accused was apprehended on 01.10.2014 and he was subjected to examination at the District Hospital, Mundargi and it was found that there were no injuries on the body or on the pubic area or thighs of the accused. The Forensic Science Laboratory submitted its report indicating that there were no seminal stains in the materials examined and there was no skin tissue in the nail clippings of the accused and the complainant. The prosecution also found out that the complainant had undergone treatment at Dharwad Institute of Mental Health And Neuro Sciences (DIMHANS) as an outpatient on 19.09.2014 and she was diagnosed to be suffering from Psychosis and was treated. Based on the above, the prosecution filed a charge sheet against the accused alleging the commission of the offences under Sections 452, 366, 376(2)(l) and 506 of IPC in S.C No.1/2015. The Trial Court took cognizance and thereafter framed charges against the accused for the offences punishable under Sections 452, 366, 506, 376(2)(l) of IPC. The accused pleaded not guilty and claimed to be tried.