T.E. RAGHU Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) ACCUSED No. 1 in S.C. No. 110/2008 pending on the file of Sessions Court, Chikkballapura has come up in this petition seeking quashing of the aforesaid proceedings initiated for the alleged offences punishable under Sections 376 and 506 of IPC.

(2.) THE sum and substance of prosecution case is that the petitioner herein who is resident of Chikalanerpu Hobli, Chintamani Taluk, Chikkballapura district, said to have committed the act of rape against a minor girl by name Sumitra aged about 14 years and a person belonging to scheduled caste on 7.11.2007 at 4.00 p.m. According to the prosecution on 7.11.2007 at about 4.00 p.m. when the victim was attending to house hold work in front of her house, the accused forcibly dragged her to the agricultural field in the backyard of her house and committed the act of rape on her. On the basis of the complaint which was filed by her on 8.11.2007, complaint was lodged in Crime No. 77/2007 for the offences punishable under Sections 376 and 506 of IPC by Kencharlahalli Police within the jurisdiction of JMFC, Chikkballapura and the matter was referred to investigation. It is stated that thereafter, charge sheet is also filed against the petitioner herein for the same offences for which the complaint is registered. Subsequently the learned Magistrate has committed the case to Sessions for trial after taking cognizance for the offence punishable under Section 376 of IPC.

(3.) HOWEVER , learned Addl. SPP appearing for the respondent - State would bring to the notice of this court that the medical report is given by the lady doctor who conducted the physical test of the victim immediately after the alleged act of forcible sexual intercourse by the petitioner herein. The observations of the medical doctor in her report dated 11.3.2008 is as under: