STATE OF KARNATAKA Vs. GOMMATESHA AND ORS

JUDGEMENT

(1.) The State represented by Rural Police Station, Davangere filed this appeal under Section 378(1) & (3) of Cr.P.C. challenging the judgment and order of acquittal dated 10.3.2008, passed by the Sessions Judge, Davangere in SC.No.85/2007 whereby the learned Sessions Judge found the accusedrespondents herein not guilty for the offences punishable under Sections 366, 376 and 506(ii) of IPC.

(2.) The brief facts of the case are hereunder:- On 25.6.2007 at about 8.15 p.m., the respondents in furtherance of common intention to kidnap the victim girl-PW.3 Shruthi, aged about 16 years 5 months on the guise of accused No.1 marrying her, when she had been to attend her nature call near Bavihal Road, kidnapped the victim girl from the lawful guardianship of PW.1, the father of the victim girl, in a motor bike bearing Reg.No.KA-17-V-3573 driven by the second respondent-accused No.2 and took her to Pampapura Village, kept her in the house of Choudamma-PW.7 and both the accusedrespondents threatened to take away her life if she did not accompany them and further obtained consent on the ground of marrying her and against her will committed sexual intercourse on her. Later, on 26.6.2007 accused took the victim girl to Shimoga and accused No.1 tied thali at Renukamba Temple and thereafter took her to the house of Huchchappa, situated at Bastikoppa and on the night of 26.6.2007 also the first accused committed sexual intercourse against her will and thereby committed the offences punishable under Section 366, 376 and 506(ii) of IPC. The Trial Court after framing the above charges, examined PWs.1 to 15 and marked Ex.P1 to P20 and M.O.No.1-motor bike.

(3.) On evaluation of the material on record both oral and documentary, the Trial Court found the accused-respondents are not guilty for the offences for which they are charged on the ground that PW.3 the victim girl turned hostile and did not support the case of the prosecution and the medical evidence, FSL report are against the case of the prosecution. Aggrieved by the order of acquittal passed by the Trial Court, the State has filed this appeal.