LAWS(KAR)-2015-1-203

STATE OF KARNATAKA Vs. VENKATESH

Decided On January 09, 2015
STATE OF KARNATAKA Appellant
V/S
VENKATESH Respondents

JUDGEMENT

(1.) THE judgment and order of acquittal, dated 16.6.2010, passed by the Fast Track Court, Bangalore City, in S.C. No. 264/2006 is appealed against by the State.

(2.) CASE of the prosecution in brief is that P.W. 4 -Pavitra (victim girl) was studying in II Year PUC in the year 2005; the house of the accused was near the house of the victim; accused used to tease the victim everyday and he used to force the victim to marry him; on 26.9.2005, when P.W. 4 was standing in the bus stop to go to her house from the college at about 3.15 p.m., the accused came there and kidnapped her; the accused took her to Kunigal and tied 'thali' (Mangalasutra) in Yediur Siddalingeswara temple and thereafter he took her to a lodge and committed rape on her after confining her in a room of the said lodge; he had disclosed his name as Raju before the Manager of the lodge at the time of taking the room; after taking her to various places including Dharmastala, the victim was taken to Bangalore by the accused and kept in the house of Ramesh -P.W. 10 till 1.10.2005; accused had sexual intercourse with the victim after tying 'thali' till 6.10.2005 without her consent; the police came to the house, wherein the victim was kept by the accused and took her to the Police Station; she was sent to Remand Home; the police got the victim medically examined by the doctors.

(3.) IN order to prove its case, the prosecution in all, has examined 17 witnesses and got marked 18 Exhibits. On behalf of the defence, 3 Exhibits got marked. The trial Court on evaluation of the material on record, acquitted the accused.