STATE OF KARNATAKA Vs. BALAIAH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and order of acquittal dated 23.8.2008 passed by the II Additional Sessions Court, Tumkur, in SC.No.134/2006.

(2.) THE case of the prosecution in brief is that the prosecutrix (PW.1) was in love with the accused; accused had promised her that he would marry her; the accused had sexual intercourse with her in the house of the prosecutrix frequently; after some period PWs.2 and 3 came to the house of PW.1 for certain work and had found that accused was sleeping with PW.1 in her house; when PWs.2 and 3 advised the accused and PW.1 suitably, both accused and PW.1 told that they are going to marry with each other; however, the marriage between the prosecutrix and the accused did not happen; panchayat was called in the village and in the said panchayat also nothing turned out in favour of prosecutrix and ultimately complaint came to be filed by PW.1 on 28.6.2006. The said complaint came to be registered in Crime No.105/2006 of Kallambella Police Station, Sira Taluk. The police after investigation have laid the charge sheet for the offences punishable under Sections 376 and 420 of IPC.

(3.) IN order to prove its case, the prosecution in all examined 15 witnesses and got marked 10 exhibits and four material objects. On behalf of the defence, no witness is examined. The Trial Court, on evaluation of the material on record and on hearing, acquitted the accused by concluding that the prosecution has failed to prove its case beyond reasonable doubt in respect of both the offences. Hence, this appeal is filed by the State questioning the legality and correctness of the judgment and order of acquittal passed by the Court below.