THE STATE OF KARNATAKA Vs. KUMARA

JUDGEMENT

(1.) THE judgment and order of acquittal dated 17.12.2011, passed by the First Fast Track Court, Hassan in Session Case No. 108/2010, is called in question in this appeal.

(2.) CASE of the prosecution in brief is that the parents of the prosecutrix/victim Kumari.Shruthi, left house at about 6.00 a.m., on 16.12.2010 for selling Jowar in Hassan Market; at that time Kumari.Shruthi, prosecutrix, aged about 19 years and her sister studying in 9th standard and brother studying in 7th standard were staying in the house. At about 10.30 a.m., the accused came to the house of the prosecutrix and tapped the door of the house. The accused was the relative of the victim; the victim opened the door; immediately the accused rushed inside the house and closed the doors of the house; he dragged the victim to the room and tore her chudidhar and committed rape on her; the accused had sexual intercourse with the victim on three occasions for a period of 2 1/2 hours. During the course of sexual assault, the accused bit the left breast of the victim; though the victim tried to escape, the accused gagged her mouth and threatened her with dire consequence. When the accused was still in the house, the father and mother of the prosecutrix/victim came to the house from Hassan Market; they told prosecutrix/victim to open the door; however she did not open the doors in as much as the prosecutrix/victim was naked during the relevant point of time and she was lying on the bed with the accused; however the mother of the victim (PW -2) pushed the door with force and entered the house; she saw the accused inside the room. At that time, the accused escaped from the scene by pushing aside PW -2.

(3.) SRI . Vijaya Kumar Majage, learned Additional S.P.P. taking us through the entire material on record, contended that the evidence of prosecutrix/victim has remained unimpeached. Her evidence is corroborated by PW -2 and the evidence of the Doctor PW -7 who examined her and issued the Wound Certificate as per Exhibit -P2; he further submits that the evidence of the prosecutrix is supported by the Wound Certificate Exhibit -P5 relating to the injuries sustained by the accused; the prosecutrix's version fully supports the case of the prosecution and the same is sufficient to bring home the guilt of the accused.