STATE Vs. KHURRAM PASHA

JUDGEMENT

(1.) The State is before this Court under Section 378(1) and (3) of Cr.P.C., challenging the Judgment dated 03.04.2012 made in S.C.No.1163/2010 on the file of XLV Addl. City Civil and Sessions Judge, at Bangalore, acquitting the respondent/accused for the offences punishable under Sections 366(A) and 376 of IPC.

(2.) The appeal has been listed for orders on I.A.I/13. This is an application filed by the State under Section 5 of the Limitation Act, praying to condone 68 days delay in filing the appeal. The application is annexed with the affidavit of Junior Law Officer of the Deputy Director of Prosecutions and Govt. Litigation, Bangalore. So as to consider whether notice has to be issued on the delay condonation application, we have heard learned Public Prosecutor on the merits of the case.

(3.) It is the case of the prosecution that on 26.10.2009 at about 8.30 p.m., after P.W.3/Heena (the alleged victim) came to Dubai Layout, the accused asked her to accompany him. As she did not consent to accompany him, he got himself cut his hand with a knife saying that he would die. Thereafter, the accused was taken to Ambedkar Medical College Hospital for treatment. Thereafter, he took P.W.3 to the park situated near Ambedkar Medical College and committed rape on her. Later on, he kidnapped her to Madras and stayed in a lodge for two days and during which time also, he committed rape on her. On 28.10.2009, the accused brought P.W.3 to Bangalore and absconded. The victim went to her house and informed the incident to her parents and gave her statement before the Police. It is also the case of the prosecution as P.W.3 who had gone for work did not return home, P.W.4 (father of P.W.3) made enquiries with his wife and searched for her, but in vain. He lodged a missing complaint with D.J.Halli Police Station, which was registered in Crime No.395/2009.