MANJULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. Gnanesh H. Kempanna, learned counsel for the appellant and Sri. Mahesh Shetty, learned Govt. Pleader for respondent No.1. Respondent No.2 has been served with notice but there is no representation.

(2.) This is an appeal filed under Sec. 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (for short, the S.C. & S.T. Act ). The appellant is accused No.1 in Spl. Case No.353/2021 on the file of the Addl. District & Sessions Judge (FTSC-1), Tumakuru. She and two other accused have been implicated for the offences punishable under Ss. 342 , 376 , 506 IPC, Ss. 6 & 17 of POCSO Act, 2012 and Sec. 3(1)(s) , 3(1)(w)(ii) , 3(2) (v-a) of S.C. & S.T. Act read with Sec. 34 IPC.

(3.) The case of the prosecution is that daughter of the second respondent aged about 15 years was taken by the appellant to her house in the guise of taking a photograph to be sent to LIC on whatsapp, aided accused No.2 to commit rape on the girl. It is stated very specifically that the appellant pushed the girl into the room and locked the door, thereafter accused No.3 caught hold of the girl and accused No.1 committed rape. The girl has given statement to this effect under Sec. 164 Cr.P.C. The medical report clearly states that the girl was subjected to rape.