STATE OF KARNATAKA Vs. RANGAPPA,

JUDGEMENT

(1.) IT is a case of raping a lass, aged about 3 years. The Sessions Court has recorded an order of acquittal in favour of the accused for the offence punishable under Section 376 of the Indian Penal Code. This is impugned in this Appeal.

(2.) BRIEF facts of the case leading to the filing of the Appeal may be stated as under:

(3.) LEARNED Addl. SPP submits that the findings recorded by the trial Court is erroneous, perverse and resulted in miscarriage of justice. He further submits that the prosecution has placed cogent and convincing evidence, but the trial Court erred in rejecting the oral and medical evidence placed on record on the sole ground that the date of offence is mentioned in Ex.P4 -medical certificate as 27.11.2009 though it was an error. He further submits that in the case of MADAN LAL Vs. STATE OF J and K, 1997 7 SCC 677, the accused/teacher committed rape on his student, aged about 13 years was convicted by the High Court and sentenced him to undergo RI for a period of 5 years and pay fine of Rs. 2,000/ -. He cites a decision RAJENDRA PRALHADRAO WASNIK Vs. STATE OF MAHARASHTRA, 2012 4 SCC 37 in case of rape of 3 years old child and murder and the Apex Court confirmed the order of conviction and sentence.