STATE OF KARNATAKA Vs. SANNAD URUKUNDAYYA

JUDGEMENT

(1.) The State has filed this appeal under Sec. 378 (1) & (3) of the Code of Criminal Procedure, 1973 challenging the judgment of acquittal dtd. 1/2/2014 passed by the learned Additional Sessions Judge, Raichur (hereinafter for brevity referred to as the 'Sessions Judge's Court') in S.C.No.138/2010, acquitting the accused of the offences charged against them.

(2.) The summary of the case of the prosecution in the Sessions Judge's Court was that on 9/9/2009 at about 2.00 p.m. in the house of PW-3 (henceforth called as 'victim girl') in Koravi village, within the limits of complainant police station, the accused No.1 confirming that there was nobody in the house of the victim girl, except the victim girl, criminally trespassed into the said house and committed rape upon the victim girl. He also put life threat to her stating that if she discloses the said act to anybody, he would kill her. Apart from these acts, the accused No.1 subsequently also, up to the date 26/2/2010, was visiting the house of the victim girl when there was none other in the said house and committed rape upon her. This act continued up to 26/2/2010. Thereafter, PW-6 - Eramma the mother of the victim came to know about the incident through her daughter i.e., the victim girl and joined by her relatives, went to the house of the accused to question them about the act committed by accused No.1. However, accused Nos.1 to 4 who were the members of the same family, abused PW-6 and other persons accompanying her. A complaint given by PW-6 in that regard was registered against four accused in the appellant - station Crime No.74/2010 for the offences punishable under Ss. 376, 504, 323, 506 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as the ' IPC '). However, after investigation, charge sheet was filed against accused Nos.1 and 4 in the complaint for the offences punishable under Ss. 448, 376, 504, 506 read with Sec. 34 of IPC. However, the charges were framed against accused No.1 in the Sessions Judge's Court for the offences punishable under Ss. 451, 376 of IPC. Accused No.4 (also referred as accused No.2 at some places in the Sessions Judge's Court's Judgment) along with accused No.1 was charged for the offences punishable under Ss. 504, 506 read with Sec. 34 of IPC.

(3.) In order to prove the guilt against the accused, prosecution got examined sixteen (16) witnesses as PW-1 to PW-16 and got marked documents from Exs.P-1 to P-14. From the accused's side, neither any witness was examined nor any documents were marked as exhibits. After hearing both side, the learned Sessions Judge's Court, by its judgment dtd. 1/2/2014, acquitted the accused of the offences punishable under Ss. 451 , 376, 506, 504 read with Sec. 34 of IPC. Challenging the same, the State has preferred the present appeal.