STATE OF KARNATAKA Vs. GALA HANUMAIAH

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal dated 15.12.2006 passed by the Presiding Officer, F.T.C.-II, Bangalore Rural District, Bangalore, in S.C.No.119/2006 acquitting the respondent/accused for the offence punishable under Sections 366 and 376 of IPC.

(2.) The case of the prosecution in brief is that P.W.2 the prosecutrix (aged about 16 years 8 months), who is the resident of Geddalahalli village was studying in S.S.L.C. in the year 2006 in Modalakote Government High School. The accused was working in H.P. Gas Factory near Geddalahalli and had acquaintance with the family members of the prosecutrix as well as the prosecutrix. He had even stayed in the house of prosecutrix along with her family members. After developing acquaintance, the accused proposed with the family members to marry the prosecutrix. However, the parents of the prosecutrix refused to perform the marriage of the prosecutrix with the accused on the ground that she is yet to complete her studies. However, the accused insisted the parents of the prosecutrix and made them to agree for his marriage with prosecutrix. However, the parents of the prosecutrix subsequently after enquiry in respect of the family background of the accused, refused to perform the marriage between the accused and the prosecutrix. It also came to the knowledge of the parents of the prosecutrix that the accused had already married and had got two children. Inspite of it, the accused used to follow the prosecutrix whenever she was going to the school and was insisting her to marry him. However, on 4.1.2006 at about 9.00 a.m. when the prosecutrix was proceeding to her school by walk as usual, the accused suddenly took her in a bus to Chennarayapatna and thereafter committed rape on her in a lodge. Thereafter, the accused took the accused to various places like Dharmastala, Kunigal, a farm house, etc. During the interregnum, the accused took out the ear rings and other gold ornaments of the prosecutrix and pledged them. The prosecutrix and accused were staying together upto 11.1.2006 and ultimately on 11.1.2006, the prosecutrix came out of the farm house wherein the accused had confirned her and she informed her parents over the phone. The police came to the said farm house on 11.1.2006 at 7.30 p.m. and apprehended the accused. Both of them were taken to the police station at 11.30 a.m. on 12.1.2006. The prosecutrix lodged her complaint as per Ex.P.1 against the accused alleging offence of kidnaping and rape.

(3.) In the meanwhile on 11.1.2006, P.W.1 Padmamma the mother of the prosecutrix appeared before the Nelamangala Police Station and lodged a complaint in respect of missing of her daughter P.W.2. On the basis of the said complaint of P.W.1 Padmamma, P.W. 16 registered a case in Nelamangala Police Station in Crime No. 47/2006. On the same day, statements of some of the relatives of the prosecutrix were recorded. After securing the presence of the accused and prosecutrix and after the prosecutrix lodging her information, the crime is amended to one punishable under Sections 366 and 376 of IPC. The prosecutrix was examined by the Lady Medical Officer P.W.17, who issued the medical report as per Ex.P.14. The accused was also examined by the doctor P.W.8 Dr. S.R. Krishnamurthy, who issued the certificate as per Ex.P.5. The police after investigation have filed the charge sheet.