STATE OF KARNATAKA Vs. VISHWANATHA POOJARY

JUDGEMENT

(1.) This appeal by the State is directed against the judgment and order dated 9.1.2009 passed in S.C.No.48/2007 by the Sessions Judge, Udupi, acquitting the respondent/accused of the offence punishable under Section 376 of IPC.

(2.) The respondent/accused was tried on the charge for the offence under Section 376 of IPC. It is alleged that one night in the month of October, 2006 at about 8.00 p.m. the accused promising the victim PW.1 to marry her had forcible sexual intercourse with her in the forest land near the house of one Gabrial situated at Laxminagar in Uppur Village, on account of which, she became pregnant and thereby has committed the aforesaid offence.

(3.) It is the case of the prosecution, the accused is a resident of Herinje village in Udupi Taluk. PW.1 is the foster child of PW.2 and they are residents of Milarthota of Uppur Village in Udupi Taluk.