STATE OF KARNATAKA Vs. DODDAMUTHYALAPPA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18.12.2006, in S.C.NO.162/2006 rendered by the Second Additional District and Sessions Judge, Kolar, by which the respondent � accused who was charged and tried for the offences punishable under Section 376 of IPC and Section 3(1)(XI) of SC and ST (POA) Act, 1989 has been acquitted.

(2.) PROSECUTION case, as disclosed from the evidence of PW.1 - prosecutrix is that on 22.06.2006 at about 9.30 a.m., when she was in front of the Government Higher Primary School, Sonnaganahalli, the accused called her and took her to pump room situated nearby and there, he allegedly committed sexual assault on her. The prosecutrix suffered bleeding and had a pain after the incident and, therefore, she was taken to the Government Hospital by her mother. In the hospital, the police recorded her statement and on the basis thereof, a crime was registered bearing crime No.26/2006. The investigation was accordingly set in motion. During the investigation, after recording statements of several witnesses and procuring medical certificate of the prosecutrix issued by the doctor - PW.16, charge sheet was filed. After the case was committed to the Sessions Court, the accused pleaded not guilty and hence, he was tried for the offence of rape under Section 376 of IPC.

(3.) THUS, we do not find any manifest error of law committed by the learned Judge or the reasons recorded by him are perverse. The view taken by the learned Judge on the basis of the evidence on record is possible and we do not find any reason to take a view other than the one taken by the Court below. Hence, appeal is dismissed.