STATE OF KARNATAKA Vs. NAGENDRA S/O SANGAPPA

JUDGEMENT

(1.) This appeal is filed by the state under Sec. 378(1) and (3) of Code of Criminal Procedure [CrPC], challenging the judgment dated 30-6-2006, passed by the Principal Sessions Judge, Mandya in SC No 78 of 1998, acquitting the respondent-accused of the offence punishable under Section 376 IPC.

(2.) It is the case of the prosecution that the daughter of complainant one Maniyamma was subjected to frequent sexual intercourse by the accused when she was alone in the house and that when his daughter was complaining about stomach ache, she was taken to hospital, where the doctor, after examining the daughter of the complainant, opined that she was pregnant and hence it is the case of the complainant that he had advised his daughter to undergo abortion. When questioned, his daughter informed him that the accused is the cause for such pregnancy and hence being not aware as to whom to give a complaint, he approached the superintendent of police, Mandya with a complaint on 27-11-1993. The said complaint was transmitted to the police station concerned at K R Pet on 28-11-1993 and a case was registered in Crime No 180 of 1993 for the offence punishable under Sec. 376 IPC.

(3.) The police after conducting investigation, found the victim Maniyamma had been subjected to forcible sexual intercourse by the accused, as a result of which she delivered a child and the child was abandoned in the hospital at Hunsur where she gave birth to the child. The child was subsequently traced and it was found that the same was a female child and in view of the fact that the accused denied having any relationship with the victim, police subjected the child, mother and the accused to medical examination and also a DNA test. It was opined at the first instance that the accused was capable to perform sexual act and subsequently the result of DNA test was 'positive', in the sense that the centre for DNA fingerprinting and diagnostics at Hyderabad has reported that the accused is the biological father of baby Ramya, beyond any reasonable doubt. On the basis of said certificate issued by the centre, police filed charge sheet against the accused for the offence punishable under Section 376 read with 417 IPC.