STATE OF KARNATAKA Vs. SURESH

JUDGEMENT

(1.) THE State has preferred this appeal challenging the legality and correctness of the judgment and order dated 24.6.2011 passed in S.C. No. 34/2010 by the Principal Sessions Judge, Koppal, acquitting the respondent/ accused of the offences punishable under Sections 376 and 506 of IPC.

(2.) THE brief facts of the case are: The respondent/accused came to be tried on the charges for the offences under Section 376 and 506 of IPC. It is alleged that on 1.8.2009 at about 8.00 p.m. the accused committed rape on the victim -PW1 in a dilapidated room belonging to one Siddanna situated at Indranagar colony in Kushtagi against her will without her consent and further he also threatened her with dire consequences not to reveal his act and thereby has committed the aforementioned offences.

(3.) IT is further the case of the prosecution the accused is her uncle being the son of the cousin of her father. He was an agriculturist and shepherd by occupation. He is also resident of Hirenandihaal which is situated at a distance of about 15 kms. from Kushtagi.