STATE OF KARNATAKA Vs. KIRAN MAILAREPPA DANDENNAVAR

JUDGEMENT

(1.) The State has challenged the Judgment of acquittal dtd. 28/2/2019 passed in Special Sessions Case No.18/2017 by the learned II Additional District and Sessions and Special Judge, Dharwad (for short, 'the Trial Court').

(2.) For the sake of convenience, the parties shall be referred to as per their status before the Trial Court.

(3.) The brief facts of the case are that, P.W.2 is the victim in this case, she is the daughter of P.W.1 and 7. The victim and her parents were residents of Bassapur village of Navalgund Taluka. The victim was born on 20/2/2000. In the year 2016, she was studying first year P.U.C. in Gadag Co-operative Textile Mill Independent Pre-University College, Hulakoti, which is situated 20 Kms away from her village. The victim used to attend the college by traveling in local bus. While she was attending the college, the accused herein, who is also a resident of Bassapur village, used to tease her, trouble her, demanding her to accompany and spend time with him. Inspite of she refusing, he did not stop it, created such a situation that she has to succumb to his pressure. With a fear she did not reveal it to her parents. On 24/9/2016, though was a Sunday, the accused insisted the victim to come out of her house on the pretext of special class in the college. In obedience of the dictum of accused, on 25/9/2016 at about 8.00 a.m. the victim left the house informing that she is attending special class in the college. When she met the accused, he took her in the Bus to Mangaluru, thereby kidnapped her from the lawful custody of her parents, kept her in the house of P.W.22- Shekavva Chindiya and where accused has forcibly committed sexual intercourse against her.