STATE Vs. NAGARAJA S/O GANGAIAH

JUDGEMENT

(1.) The Judgment and order of acquittal dated 2.8.2007, passed by the Sessions Court, Chickmagalore, in SC.No.108/2006 is called in question in this appeal by the State.

(2.) The case of the prosecution in brief is that at about 6.00 p.m. on 24.1.2006, while victim Shantha was coming in Sathikal Plantation area, the accused forcibly dragged her inside the forest area and committed rape on her. The victim cried. After hearing such cries, PWs.5 and 6 came to the scene of offence and found that the accused committed the offence of rape. On seeing PWs.5 and 6, the accused ran away from the scene. The complaint came to be lodged as per Ex.P1 by the father of the victim on 25.1.2006 at about 5.20 p.m. i.e., on the next date of incident (after about 24 hours). The said crime is registered by the PSI in Crime No.14/2006 in Balehonnur Police Station. During the course of investigation, the victim as well as the accused were got examined by the doctors. After sending necessary materials/articles to the Forensic Science Laboratory and after recording the statements of the witnesses, including the statement of the victim, the Investigating Officer-PW.12 laid the charge sheet against the accused for the offence punishable under Section 376 of IPC.

(3.) In order to prove its case, the prosecution in all examined 12 witnesses and got marked 12 Exhibits and 3 Material Objects. On behalf of the defence, no documents are marked. The Trial Court on evaluation of the material on record, acquitted the accused giving benefit of doubt in favour of the accused.