STATE BY OORGAUM POLICE Vs. B VENKATESH

JUDGEMENT

(1.) State has preferred this appeal challenging the judgment and order of acquittal of respondent of the charges under Sections 376 and 417 of IPC.

(2.) It is the case of the prosecution, in between 1.1.2007 and 19.8.2007, the accused promising to marry PW-1, who is a minor had intercourse with her, on account of which, she became pregnant. When she was carrying by six and a half months, when PW-1 demanded the accused to marry her, since he refused, she proceeded to Oorgaum Police Station at KGF and filed her complaint as per Ex.P1 before PW7- PSI, who on the basis of Ex.P1, registered a case in Crime No.54/2007 for the offences under Sections 376 and 417 of IPC and issued FIR as per Ex.P6 to the jurisdictional Magistrate. Thereafter, PW-7 proceeded to the house of PW-1 situated in Ooragaum, Andhra line at KGF, there he drew up the spot panchanama as per Ex.P2 as pointed out by PW-1 in the presence of panchas. At that time, he also seized Exs.P4 and P5 produced by her. Thereafter, he also recorded the statements of some of the witnesses and also made efforts to trace the accused and deputed his staff for the said purpose. Accordingly, his staff produced the accused on that very day i.e. on 19.8.2007. He arrested him and on completion of the arrest formalities, got him remanded to judicial custody after getting him subjected to medical examination at the hands of PW-2 who has issued medical certificate as per Ex.P3. Thereafter, he handed-over further investigation of the case to PW-8, CPI. PW-8, after taking over the investigation, obtained the medical certificate of the accused as per Ex.P3 from PW-2, recorded the statements of the witnesses examined on behalf of the prosecution and also cited in the charge-sheet. Thereafter, on completion of the investigation, he submitted final report against the accused before the Jurisdictional Magistrate.

(3.) The prosecution in support of its case, in all, examined PWs- 1 to 8 and got marked Ex.P1 to P6. The accused during the course of examination of the prosecution witnesses, got marked Exs.D1 and 2.