LAWS(KAR)-2011-6-187

STATE BY K.M. DODDI POLICE Vs. RAJA @ NATHEGOWDA, S/O. DODDALINGAIAH @ DODDAKARIYAIAH, DODDALINGAIAH @ DODDAKARIYAIAH, S/O. CHIKKA MARIGOWDA, CHIKKAIAH, S/O. CHIKKA MARIAGOWDA AND BOREGOWDA, S/O. DODDEGOWDA @ CHIKKA HYDEGOWDA

Decided On June 17, 2011
State By K.M. Doddi Police Appellant
V/S
Raja @ Nathegowda, S/O. Doddalingaiah @ Doddakariyaiah, Doddalingaiah @ Doddakariyaiah, S/O. Chikka Marigowda, Chikkaiah, S/O. Chikka Mariagowda And Boregowda, S/O. Doddegowda @ Chikka Hydegowda Respondents

JUDGEMENT

(1.) THIS appeal is filed under Section 378(1) and (3) Code of Criminal Procedure by the State of Karnataka represented by K.M. Doddi Police, against the judgment of acquittal dated 5 -6 -2006 in S.C. No. 163/2003 on the file of Fast Track Court -II, Mandya.

(2.) THE relevant facts leading to this appeal are as follows:

(3.) MR . Sriram Reddy, learned Counsel for the accused -Respondents submitted that first Respondent never promised to many the victim and he never had any sexual intercourse with her. He has further submitted that the first accused has not insisted the victim to get the pregnancy terminated and the theory of prosecution is false. He also submitted that there is abnormal delay in lodging the complaint. The counsel also submitted that the first accused is married and having children and that the victim also subsequently got married and is leading happy married life. Under the circumstances, the learned Counsel prays for dismissal of the appeal.