STATE OF KARNATAKA Vs. RAMAPPA

JUDGEMENT

(1.) The State has preferred this appeal challenging the judgment of acquittal of the respondent in Spl.C.No(POCSO) No.7/2015 on the file of II Addl. District and Sessions Judge, Chitradurga.

(2.) The prosecution case is that on 13/11/2014, the respondent committed rape on PW.1, whose age was about five years. FIR was registered on 16/11/2014. The investigation resulted in filing of charge sheet against the respondent.

(3.) After assessing the evidence of the witnesses and the documents marked as Ex.P.1 to P.19 and the material objects M.Os.1 to 8, the trial court acquitted the respondent of the offences under Sec. 376 IPC and Sec. 4 and 12 of the POCSO Act recording the findings that the prosecution failed to establish its case that the respondent committed rape on a minor girl i.e., PW.1. The trial court is of the opinion that oral testimonies of PW.1 and 2 are difficult to be believed because of the reason that there was a loan transaction between PW.2 and the respondent and when respondent insisted on repayment of loan, PW.2 and her son PW.3 might have thought of registering a false FIR against the respondent foisting a false story of rape on PW.1. The trial court has also held that medical evidence does not support the evidence of PW.1.