STATE OF KARNATAKA Vs. M K MANJUNATH

JUDGEMENT

(1.) This appeal is filed by the State against the Judgment and Order of acquittal passed by the District & Sessions Judge, Davangere in S.C. No.55/2007.

(2.) The case of the prosecution in brief is that the prosecutrix Kum. Kotramma, minor in age was studying in 7th Standard in Madihalli Middle School, Harappanahalli taluk. The accused/ respondent is the teacher working in the said school. At about 5.30 p.m. on 26.12.2006 the accused with an intention to commit rape on the victim girl, called her to his house on the guise of cleaning the utensils; after cleaning the utensils, the accused took her inside the room and committed rape on her after threatening her that she would be failed in the examination if she discloses the said fact to the third party. The accused also repeated the same act on 1.1.2007 at about 1.30 p.m. in his house.

(3.) Based on the said complaint, Crime No.22/2007 was registered in Arasikere Police Station for the offence punishable under Section-376 of IPC. During the course of investigation, the statements of all the relevant witnesses are recorded including the statements of the teacher as well as the Head Master of the school; the victim was subjected to medical examination; the victim's petticoat and the clothes worn by the accused and the victim as well as vaginal swab were sent to Forensic Science Laboratory for investigation. After completion of the investigation, the Police laid the charge sheet for the aforementioned offence.