STATE Vs. SHIVAKUMAR

JUDGEMENT

(1.) State has preferred this appeal, challenging the judgment and order of acquittal of the respondent accused of the offences punishable under Sections 376, 384, 420, 506 read with 34 IPC and under Sections 3(1)(x) and (2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) It is alleged that on 6.5.2003 at about 2.00 p.m. when PW1/victim was going near Banyan tree at Maranakatte in Hurulihalli village, the accused induced her and took her to Shivagange where he made her to part with her gold ornaments viz. ear studs, mati, rings and two stranded avalakki chain, thereafter on 7.5.2003 he secured another girl by name Uma and took them to Tumkur, stayed in a lodge and there he pledged ear studs and mati in Chetana Jewellers for a sum of Rs.2,100/- and thereafter he took PW1 and Uma to a hut located at Shivajinagar at Sira and there knowing fully well that PW1 belongs to Schedule Caste community under the guise of promising her to marry, intentionally had repeated sexual intercourse with her in between 8.5.2003 and 9.6.2003 and thereby he committed the offences punishable under Sections 376, 384, 420 of IPC and u/s.3(2)(v) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and further on 10.6.2003 A1 and A2 dishonestly induced PW1 to deliver her gold ring and two stranded avalakki chain, threatened her with dire consequences and they did the said acts knowing fully well that PW1 belongs to Schedule Caste community and thereby the accused have committed the offences punishable under Sections 420, 506 r/w.34 of IPC and u/s.3(1)(x) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

(3.) It is the case of the prosecution, PW1 is the daughter of PW10. She had completed her SSLC and was in search of a job. She was living with her brother and her grand mother in their house situated at Hurulihalli village. PW10, her mother, was working as a maid servant at Bangalore and was maintaining her two children and her mother by name-Kempamma.