STATE OF KARNATAKA Vs. RAVICHANDRA S/O VENKATESH

JUDGEMENT

(1.) THE respondent (hereinafter referred as "accused") was tried and acquitted of offences punishable under Sections 420 and 376 IPC. Therefore, the State has filed this appeal.

(2.) WE have heard Sri.Vijayakumar Majage, learned Government Pleader for the State and Sri. Iqbal Patel, learned counsel for accused.

(3.) IT is the case of prosecution that accused - Ravichandra by inducing victim (PW.1) committed rape on her. PW.2 -Shobha is the mother of PW.1 -victim. PW.3 - Rathna was the neighbour of PW.1 -Pavithra and PW.2 - Shobha. PW.1 -victim had lodged first information (Ex.P1) on 24.11.2011 stating they had fallen in love and the accused had promised her to marry. The accused had taken her to Bidadi, Mysore, Ramanagar, Mandya, Doddaballapur, Nandibetta, Chamundibetta, Kanakapura and returned back to Bangalore. The victim (PW.1) had gone to these places in the company of accused honestly believing that accused would marry her. After they returned back to Bangalore, accused refused to marry PW.1. Therefore, she lodged first information alleging an offence punishable under Section 420 IPC on 24.11.2011. On 01.12.2011, PW.1 in continuation of first information lodged on 24.11.2011, lodged second first information stating that the accused had visited her house on 19.11.2011 in the absence of her mother. The accused promised her to marry committed rape on her on 19.11.2011. The accused threatened PW.1 not to disclose the matter to others. After receipt of second first information on 01.12.2011, an offence punishable under Section 376 IPC was included.