STATE BY KARNATAKA Vs. MADHUSUDHAN @ MADHU

JUDGEMENT

(1.) The State has challenged the judgment and order acquitting the respondent for the charge under Section 376(2)(f) read with Section 511 IPC on a trial held by Addl. City Civil and Sessions Judge, Bangalore City.

(2.) The facts reveal that on 09.12.2007 in the morning at about 10.30 a.m., accused (respondent herein) visited the house of victim and took the victim PW3, a minor girl aged about 10 years to his new building situated at Vinayakanagar saying that he would give the key of his house and said to have tried to commit rape on the victim girl. On a complaint, investigation was held and chargesheet was laid against the accused for the offence punishable under Section 376(2)(f) read with Section 511 IPC.

(3.) During the trial, prosecution examined PWs.1 to 10 and got marked Exs.P1 to P11 and Mos.1 to 7. After recording the statement of respondent under Section 313 Cr.P.C., DWs.1 and 2 the defence witnesses were examined and Ex.D1 was got marked. The Trial Court after hearing the counsel for parties and on appreciation the material on record, convicted the respondent for the charge under Section 354 IPC and acquitted for the charge under Section 376(2)(f) read with Section 511 IPC. Aggrieved by the acquittal, the present appeal has been filed.