MOHIDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused feeling aggrieved by order passed by the trial Court on the file of I Addl. District and Sessions Judge and Special Judge at Haveri, in Hangal police station Cr.No.44/2023 dtd. 16/3/2023 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that complainant is residing along with children at Gururayapattana of Hanagal taluk, by doing coolie work. Complainant used to go for coolie work along with accused and they were in contact over phone for arranging labourers to work. About two months' prior to the date of filing complaint, complainant was not feeling well, at that time, accused called her to come for work. However, complainant told that she cannot come to work as she is not feeling well and she is going to hospital for treatment at Haveri. Accused picked up complainant for dropping her to the hospital at Haveri in his car. While they were proceeding in the car, accused gave juice to her for drinking and after consuming the same, complainant became unconscious. Accused used complainant physically and sexually and has taken sex videos of the complainant. When she regained conscious, she noticed that she was near Government Hospital, Haveri. Accused showed video of complainant and threatened her stating that he would viral the same through social media, if she discloses about the incident to anybody and further abused her in filthy language. After some days, accused again came to her house and threatened not to give complaint otherwise he will viral the video and after 2 to 3 days prior to the date of filing complaint, accused has uploaded video in social media. On these allegations made in the complaint, case was registered in Hanagal police station Cr.No.44/2023 for the offence punishable under Ss. 354(C), 376, 504, 506 and 509 IPC and Ss. 3(1)(r) , 3(1)(s), 3 (1)(w)(i), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act , 2015 and Sec. 67(A) of Information Technology Act, 2008.