(1.) This appeal is filed challenging the Judgment and Order of acquittal dated 28.10.2013, passed by the II Additional District and Sessions Judge, Kanakapura, Ramanagara District, in Sessions Case No.99/2007, acquitting the respondents for the offences punishable under sections 143, 448, 354, 376, 324 read with Section 149 of IPC.
(2.) The factual matrix of the case is that on 6.1.2004 at about 9 am, all the accused have assembled with the common object near the house of Urugaiah, to commit rape of PW.2-Jayamma. Thereafter, the accused persons have trespassed into the house of Jayamma and lifted Jayamma near to the pond which is located at Thattekere Kolalagundi Road and she was subjected to rape by Accused No.6 against her will. It is the case of the prosecution that the accused persons have trespassed into the house of PW.2 and outraged her modesty and assaulted her. Based on the complaint given by PW.1-husband of the victim, the Police have registered Crime No.4/2004 at the first instance, for the offences punishable under sections 143, 448, 323 read with section 149 of IPC. During the course of investigation, based on the further statement of victim-PW.2, the Police have registered second FIR in terms of Exhibit.P9 invoking the offences punishable under sections 143, 448, 323, 324, 376 read with Section 149 of IPC. After filing of the charge sheet, the accused persons were secured and accused persons did not plead guilty and hence case was set for trial. The prosecution, in order to prove the charges leveled against the accused, relied upon the evidence of PW.1 to PW.13 and got marked the documents as Exhibits.P1 to P9 and also got marked material objects MO Nos. 1 to 4.
(3.) The trial Judge, after recording evidence subjected the accused persons under section 313 of Cr.PC and incriminating material put against them. The respondent - defence confronted documents Exhibits.D1 to D28 during the cross examination of prosecution witnesses. Thereafter considered the material available on record, both oral and documentary evidence and acquitted all the accused persons for the charges leveled against them. Hence, present appeal is filed by the State questioning the Judgment and Order of acquittal made by the trial Court.