STATE OF KARNATAKA Vs. K P THIMMAPPA

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order dated 18-11-1998 in Sessions Case No. 116/96 on the file of the learned Additional Sessions Judge, shimoga acquitting the respondent-accused who was charged for the offence punishable under Sections 376 and 417, IPC.

(2.) BRIEF facts of the prosecution case are that PW-9 Smt. Rathnamma is the daughter of PW-11 Smt. Gowramma and PW-12 ramachandrappa and they are residents of pallavanahalli village in Honnali Taluk, shimoga District, Karnataka. Accused is also a resident of the same village. PW-9 was a girl aged more than 16 years in 1996. The accused had his own land and he was also educated but unemployed and bachelor during that period. He used to engage pw-9 for coolie work in his land and he is alleged to have forcibly seduced her to permit to have sexual intercourse with her about 8 months prior to 4-1-1996 the day when a complaint was lodged against him alleging offence under Section 376, IPC.

(3.) IT is the prosecution case that when pw-9 who was an illiterate girl was alone in her house, the accused without her permission entered her house and forcibly committed rape on her against her will. That thereafter the accused assured PW-9 rathnamma that he would marry her and asked her to keep quiet. It is the further case of the prosecution that thereafter the accused had abused her sexually several times by giving false assurances that he would marry her in future. PW-9 became pregnant and her mother PW-11 Gowramma came to know about the same when she had taken her for treatment to a hospital. PW-11 thereafter informed the matter to other members of the family and a panchayat was called in the village and the accused was called to the panchayat and asked to marry PW-9 but the accused refused to marry PW-9. That thereafter PW-9. along with her parents went to the Superintendent of Police and lodged a complaint which was registered at niyamathi Police Station, Shimoga in Cr. No. 3/96. PW-13 who was the Circle Inspector of Police, Honnali Circle investigated the matter and filed charge-sheet against the accused for the above-mentioned offences under Sections 376 and 417, IPC.