STATE OF KARNATAKA Vs. SHARAN

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal rendered by the Court of the VI Addl. District & Sessions Judge, D.K, Mangaluru, in S.C.No.53/2008 dtd. 18/12/2015 acquitting the accused for offences punishable under Ss. 376 and 392 of the IPC, 1980. This appeal has been filed by the State seeking to set-aside the judgment of acquittal rendered by the Trial Court and to consequently to convict the accused for the offences leveled against him.

(2.) Heard the learned counsel Smt. Pooja Kattimani for the respondent / accused and the learned HCGP for the appellant / State. Perused the judgment of acquittal rendered by the Trial Court in S.C.No.53/2008 consisting the evidence of PW-1 to PW-23 and several documents got marked at Exhibits P1 to P29 and so also the material objects got marked at MO-1 to MO-9.

(3.) The factual matrix of the appeal is as under: It transpires from the case of the prosecution that on 9/3/2008 at around 11.30 p.m., PW-1 who is the victim, was waiting for bus near the roadside in front of Fisheries College, Yekkur, to go to Manjeshwara. The accused and another person are said to have come in a Honda Activa scooter bearing No.KA-19-U-6281 and had asked her as to why she was standing there in that odd hour. She had told them that she was waiting for bus to go to Manjeshwara. The appellant / accused is said to have told her that he would drop her in his scooter to Manjeshwara. Believing his words, the victim PW-1 is said to have agreed to go with him in his vehicle. Hence, accused had left the pillion rider who was traveling with him in the said place itself and is said to have taken the victim in his Honda Activa vehicle. However, when he was nearing Bagambila, Kotekar village, Mangaluru, he is said to have stopped the vehicle and is said to have threatened her by showing a knife and at knife point, is said to have had sexual intercourse with the victim. Thereafter, he is further said to have robbed from the victim woman golden articles namely mangalya chain, pearl chain, four bangles, one necklace worth Rs.1,60,000.00 including cash of Rs.22,000.00. Hence, accused is said to have committed offences under Ss. 376 and 392 of the IPC, 1860.