STATE Vs. TIMMAYYA

JUDGEMENT

(1.) This Crl.RP. is filed by the State challenging the order dated 07.11.2012 passed in S.C.No.79/2012 by the Principal Sessions Judge at Raichur, discharging all the accused Nos.1 to 9 for the offences punishable under Ss. 143, 147, 148, 323, 376 and 114 read with Sec. 149 of IPC.

(2.) The factual matrix of the case is that the complainant/prosecutrix-Rangamma, aged about 19 years residing at Bandeghavi, lodged a complaint before the Hutti Police on 18.06.2011 against all the accused persons. It is contended in the complaint that accused No.1 was working at Bengaluru and she was also working at Bengaluru as labourer in constructing buildings and accused No.1 who was neighbouring villager came in contact with her and both of them loved each other and accused No.1 promised her to marry and had sexual intercourse with her. Accused No.1 brought her back from Bengaluru to Devadurga and that on 21.03.2011 at about 11 a.m. both of them had exchanged garlands in Basavanna Temple and when the complainant asked him to tie a Mangala-Sutra he replied that he would tie Mangala-Sutra when he earns Rs.8,000.00 . In this pretext, accused No.1 without consent of the complainant used to have intercourse with her. Further that on 09.06.2011 when the complainant along with accused No.1 went to the village of accused No.1 - Yarajanti and when they tried to enter his house accused Nos.2 to 9 did not permit them and she was restrained into entering their house and stating that accused No.1 had already married. Accused Nos.2 to 9 started manhandling the complainant and accused No.1 took her near Hill and told her that he will get food for her but he did not turn up. The complainant waited for the arrival of accused No.1 and as he did not come back she lodged a complaint. Based on the complaint, Crime No.80/2011 was registered by the Hutti Police. The police have investigated the matter and filed the charge sheet for the above said offences.

(3.) Accused Nos.1 to 9 have filed an application for discharge in S.C.No.79/2012 and the learned Sessions Judge allowed the application and discharged all the accused persons. Hence, the present Revision Petition is filed before this Court by the State.