STATE OF KARNATAKA Vs. VITTALAGOUDA

JUDGEMENT

(1.) The state has preferred this appeal challenging the acquittal judgment in SC.No.146/2017 on the file of IV Additional Sessions Judge, Dharwad.

(2.) We have heard Sri M.B.Gundawade, learned Additional State Public Prosecutor and Sri Arun L. Neelopanth, learned counsel for the respondent.

(3.) The prosecution case is that the respondent/ accused committed rape on PW.1 against her will and without consent. Information about the rape was given by PW.1 to the Police on 22/8/2016 as per Ex.P.1. She complained to the police that the accused used to follow her when she was going to college and once expressed his desire to marry her. Though she was not willing in the beginning, gradually there developed love between them. The accused was recruited as a police constable in the Police Department and was sent to training. Whenever he used to visit his native place, he used to take PW.1 with him on his motorcycle. One day the accused took PW.1 to his friend's house in the premises of the Police quarters. His friend was not there and taking advantage of the same, he expressed his desire to have intercourse with her. Though she was not willing at that time, he said that he would marry her and had intercourse. Like this whenever they found time, accused used to take her to the police quarters and was having intercourse on the promise of marriage. On 5/3/2016 accused took her to his friend's quarters and had intercourse. At that time he said that he had made all arrangements for register marriage. Then in the course of time when she requested him to marry her, he said that his parents were not willing and started avoiding her company. Therefore she approached the police on 22/8/2016. Based on this report the police held investigation and filed charge sheet for the offences punishable under Ss. 376 and 417 of IPC.