STATE OF KARNATAKA Vs. SHIVANAND @ SHIVAPPA

JUDGEMENT

(1.) The Judgment and Order of acquittal passed by the Fast Track Court, Haveri in S.C. No.58/2010 dated 28.11.2011 is called in question in this appeal by the State.

(2.) The respondent/accused was charged with the offence punishable under Section 376 of IPC. The case of the prosecution in brief is that Kum. Bangareshwari, aged about 20 years who was studying in II year B.A. at Government College, Shiggaon had been to Basavanna temple situated at Kubihal village in the early hours of 16.3.2010 for performing pooja on the eve of Ugadi festival. Her relatives had accompanied her. The victim Bangareshwari is from Basavanal village. The distance between Basavanal village and Kubihal village is about 12 to 13 kilometers. After performing pooja, Bangareshwari and her relatives started coming back to Basavanal village at about 7 p.m. However there were no buses available for return journey at that point of time. They boarded a private tempo and came up to Hulgur village. They alighted from the van at Hulgur village inasmuch as the van was not going to Basavanal village. Hulgur village is about 1 kilometer from Basavanal village. They were waiting either for a bus or for a tempo near the bus stop at Hulgur village to go to their native place viz., Basavanal village. At that point of time, the accused came to the said spot on his motorcycle and asked Bangareshwari to sit on his motorcycle assuring her that he will drop her upto Basavanal village. It is relevant to note that Bangareshwari was handicapped lady due to polio. Her left leg was affected by polio.

(3.) In order to prove its case, the prosecution in all examined 17 witnesses and got marked 20 Exhibits and 9 material objects. On behalf of the defence, no witness is examined. The trial Court on evaluation of the material on record and after hearing, acquitted the accused.