STATE Vs. PRAVEEN POOJARY,

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378(1) and (3) of Cr.P.C., challenging the order of acquittal dated: 23.10.2008 passed in Sessions Case No.12/2005 on the file of the FTC, Udupi, acquitting the respondent/accused for the offences punishable under sections 448, 376 and 506 of IPC.

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

(3.) IT is the case of the prosecution that on 22.01.2005, at about 5 P.M., when PW1 had gone away to nearby Diary for delivering milk and her daughter - PW7 was alone in the house. The accused/respondent trespassed into their house, and committed rape on PW7. When PW1 returned home, the accused told her that he committed rape on PW7 and threatened her with dire consequences if she discloses the incident to anyone and went away. Thereafter, PW1 consulted many people including PW3 -Vittal Pai, who is businessman of the village and on his advice, PW1 went and lodged a complaint with Kundapura Police on 24.01.2005 at about 4.45 P.M. against the accused as per Ex.P1. The police registered a case in crime No.2/2005 against the accused for the offences punishable under Sections 448, 376 and 506 of IPC. PW7 was subjected to medical examination. The accused was arrested on 25.01.2005 and subjected him to medical examination. The accused was released on bail on 25.10.2005. After the investigation was over, the police laid chargesheet against the accused for the offences punishable under Sections 448, 376 and 506 of IPC. The accused faced Trial for the above said offences before the Court of Session.