LAWS(KAR)-2011-12-88

SIDDARAJU S/O BASAVARAJU Vs. STATE BY NANJANGUD RURAL POLICE, NANJARGUD REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560001

Decided On December 05, 2011
Siddaraju S/O Basavaraju Appellant
V/S
State By Nanjangud Rural Police, Nanjargud Represented By The State Public Prosecutor High Court Buildings Bangalore - 560001 Respondents

JUDGEMENT

(1.) APPEAL by the accused against the judgment of conviction in S.C.No. 33/2005 dated 14th November 2005 on the file of Fast Track Court -IV. Mysore.

(2.) ACCUSED - Siddaraju. s/o Basavaraju was charge sheeted and tried for an offence punishable under Section 376 of the Indian Penal Code.

(3.) PW -1 - Dr. Gayathri examined the victim at 10.15 p.m. on 11.11.2004 and she noticed nail scratch marks over the forehead, both cheeks and chin and also on the right side and inner side of the thigh and clinically she opined that the victim had past sexual intercourse, but she could not give the opinion whether the victim had recent sexual intercourse, as she did not had the FSL report and in the cross -examination, she stated that, she did not find signs of recent sexual intercourse.