LAWS(KAR)-2020-6-3

STATE OF KARNATAKA Vs. NINGAPPA S/O HASHAPPA

Decided On June 04, 2020
STATE OF KARNATAKA Appellant
V/S
Ningappa S/O Hashappa Respondents

JUDGEMENT

(1.) The State has come up in appeal against the judgment dated 06.06.2012 passed by the learned Special Judge and Additional District and Sessions Judge, Bidar in Special C.C. (SC/STs) No.15/2011 by which the accused has been acquitted.

(2.) The accused was charge sheeted by Basavakalyan Rural Police Station for the offences punishable under Sections 366(A), 376 of Indian Penal Code (for short 'IPC') and Section 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (for short 'SC/ST Act'). The accused, who is the sole respondent before us, appeared before the Court and the learned trial Judge duly framed charges against him for the offences punishable under Sections 366, 376 of IPC and Sections 3(1)(x), 3(1)(xv) and 3(2)(v] of SC/ST Act. The accused denied the charges and entered defence. During the trial, the prosecution has examined PWs.1 to 19. Exs.P1 to P26 were marked and MOs.1 to 3 were also marked. The accused was examined under Section 313 of Cr.P.C. and he denied the incriminating circumstances appearing against him in the deposition of prosecution witnesses. He did not examine any witness on his behalf and his defence was one of total denial.

(3.) After hearing, the learned trial Judge, by the impugned judgment dated 06.06.2012 has found the accused not guilty of the offences punishable under Sections 366, 376 of IPC and Sections 3(1)(x), 3(1)(xv) and 3(2)(v) of SC/ST Act.