STATE OF KARNATAKA Vs. RAJASHEKHAR S/O CHANNAVEERAPPA

JUDGEMENT

(1.) This Criminal appeal is by the State questioning the Judgment and Order of acquittal passed by the Prl. Sessions Judge, Gulbarga in S.C. No.406/2007.

(2.) Case of the prosecution in brief is that the accused as well as prosecutrix viz., Narasamma were residents of Kollur village. The lands of the victim as well as prosecutrix are adjoining to each other. The father of the prosecutrix had got only 1 1/2 acres of dry land. Thus the entire family of the prosecutrix including the prosecutrix used to go to the land of the accused for work. About three years prior to 12.6.2007, when prosecutrix was working in her land, at about 4 p.m. the accused came from behind and made her to fall on the ground and thereafter committed rape on her and she cried. However, the accused promised her that he would marry her and that she should not inform the incident to anybody. Believing the words of the accused, she did not inform the incident to anybody. Thereafter the accused used to have sexual intercourse with the prosecutrix very often with the promise that he would marry her. The prosecutrix became pregnant. However, the accused got her aborted. Even thereafter, the affair between the victim and the accused continued. On 12.6.2007 at about 11 a.m. when the prosecutrix was in her land, again the accused came there and had intercourse with her. When she asked the accused to marry her, the accused told her that he would not marry her. He also threatened to take away her life if she were to inform anybody. However, the prosecutrix told her parents about the entire incident which took place and consequently, the parents of the prosecutrix also requested the accused to marry the victim, but the accused refused to marry her. The complaint was scribed by PW-9 to the dictation of PW-2 and the same was lodged in the police station on 14.6.2007. The same was registered by PW-6 ASI and investigation was completed. The Police filed the charge sheet against the accused for the offences punishable under sections 376, 493, 420, 504 and 506 of IPC. The charge was framed against the accused for the said offences.

(3.) In order to prove its case, the prosecution in all examined 14 witnesses and got marked 7 exhibits. On behalf of the accused, one Exhibit is marked. The trial Court on evaluation of the material on record acquitted the accused.