STATE OF KARNATAKA Vs. SHANKARAPPA BASAPPA ONTIHALLI

JUDGEMENT

(1.) THIS appeal by the State filed under Section 378 Cr. P. C. against the judgment dated 27. 11. 97 passed in SC/st No. 26/1996 on the file of the Prl. Sessions Judge, Dharwar wherein the learned Judge had recorded a finding of acquittal of the respondent for offences under Sections 376, 342, 506 IPC. And Section 3 (i) (ii) (v) (x) (xi)of SC/st Act, 1989 challenging the legality and validity of the judgment impugned.

(2.) WE have heard the arguments of Sri B. C. Muddappa, Addl. SPP on behalf of the State and learned Advocate Sri Ravish Benni of behalf of the respondent.

(3.) SRI B. C. Muddappa, learned Addl. SPP strenuously contended that the material on record clearly shows that the judgment of the trial Court is illegal and invalid. The material on record clearly shows that the prosecution had successfully proved the guilt of the accused as required by law for the said offences. The evidence placed on record is clear, cogent and convincing. The learned Sessions Judge had not appreciated the evidence on record in the right perspective and the same has resulted in miscarriage of justice. The learned counsel has contended that the material on record also shows that pw. 1 has narrated the incident in question and her evidence itself is sufficient to spell out a case against the accused. Hence the learned Counsel prayed for allowing the appeal.