RUDRAPPA KAREPPA DHUDALI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 25.06.2009 passed by the III Addl. Sessions Judge, Belgaum in S.C. No. 167/2009 is called in question in this appeal. By the said judgment and order, appellant -accused has been convicted of the offences punishable under Sections 342 and 376 read with Section 511 of IPC and the accused was acquitted of the offence punishable under Section 354 of IPC and Sections 3(1)(xi) and 3(2)(v) of Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. Being aggrieved by the said judgment and order of conviction, the appellant has preferred this appeal. In respect of acquittal of the accused for the offence punishable under Section 354 of IPC and Sections 3(1)(xi) and (2)(v) of Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, State has not preferred any appeal.

(2.) HEARD the arguments of the learned counsel appearing for the appellant -accused and also the learned HCGP appearing for the respondent -State.

(3.) PER contra, learned HCGP during the course of his arguments has submitted that there is no inconsistency in the evidence of P.Ws. 1, 2 and 4. When the history has been furnished as assault, it includes other offences also. He has further submitted that M.Os.1, 2 and 3, the clothes which were seized under Ex. P -5 mahazar, they were torn and P.W.4 has already deposed before the Court that it is the accused person while making an attempt to commit rape on her, he torn her clothes. Hence, he has submitted that the trial Court has rightly appreciated the entire materials on record both oral and documentary and rightly came to the conclusion in convicting the accused and no interference is required. Hence, submitted to dismiss the appeal.