STATE OF KARNATAKA Vs. FAKEERAPPA

JUDGEMENT

(1.) THIS appeal by the State under Sections 378(1) and (3) of the Code of Criminal Procedure is against the judgment dated 11.09.2013 in Sessions Case No.87/2012 on the file of the Principal District and Sessions Judge, Koppal, whereby the respondent -accused has been acquitted of the charges under Sections 376 and 506 of IPC.

(2.) THE case of the prosecution is that on 18.05.2012, at about 7.00 am, the complainantprosecutrix, a girl aged about 22 years had been to their agriculture land to keep watch over sunflower crop grown in the fields. At about 9.00 am, when she had been nearby pond to answer the nature's call, the accused came there and called her for sexual act. When she refused, the accused caught hold of her and forcibly made her to lie down and sexually assaulted her and gave life threat of dire consequences if she disclose the same to anybody else and ran away from the spot. The girl wept and returned to her house and informed the incident to her parents. The complaint came to be lodged as per Ex.P -1 before the Kanakagiri police station which came to be registered in Crime No.44/2012 for the offences punishable under Sections 376 and 506 of IPC. The police investigated into the case, collected evidence and filed a charge -sheet against the respondent -accused for the offences punishable under Sections 376 and 506 of IPC before the Jurisdictional Magistrate, who inturn committed the accused to the Sessions Court since the offence is exclusively triable by the Court of Sessions. The accused pleaded not guilty to both the charges levelled against him.

(3.) THE prosecution in order to establish the charges, examined as many as 11 witnesses as PW -1 to PW -11 and marked Exs.P -1 to P -11. After the closure of the prosecution side, the accused has been examined as required under Section 313 of Cr.P.C. The accused denied all the incriminating evidence that cropped up against him during the course of evidence. He did not choose to lead the defence evidence. Learned Sessions Judge upon hearing the arguments addressed by the Public Prosecutor and the defence counsel and upon appreciation of the evidence placed on record, by impugned judgment dated 11.09.2013 acquitted the accused of both the charges under Section 376 and 506 of IPC levelled against him.