MANJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 15.11.2010 passed by the II Additional District and Sessions Judge, Mysore, in SC. No. 185/2009, is called in question in these appeals.

(2.) CASE of the prosecution in brief is that houses of PW. 1 and the accused are nearby each other; there was no toilet in the house of PW. 1 and consequently PW. 1 used to go outside to attend the calls of nature; at about 7.00 p.m. on 26.2.2009, she went out of the house to attend calls of nature; when she was attending calls of nature near Banyan tree, PWs. 5 and 6 as well as the accused came towards the village; at that point of time, the accused told other two persons, i.e., PWs. 5 and 6 that they should proceed further and he would follow them after attending call of nature; hence, PWs. 5 and 6 went further towards village, whereas accused stayed back; thereafter, the accused approached PW. 1 and forcibly took her to adjoining place (cow -dung pit) and committed rape on her; when PW. 1 told the accused that she would be informing her husband, he threatened her with dire consequences; at that point of time, PW. 7 came to the spot with torch in his hand; after seeing PW. 7 accused ran away from the scene; PW. 1 informed PW. 7 about the incident; in turn PW. 7 pacified PW. 1 and sent her to her house; PW. 1 informed her husband (PW. 8) about the incident, who in turn took her to General Hospital, Periyapatna, wherein the victim was treated by the lady doctor -PW. 11; the doctor collected the clothes which were worn by the victim apart from collecting her vaginal swab, pubic hairs, nails, etc. and sent the same to the police for being examined by Forensic Science Laboratory; thereafter, PW. 11 has also sent medico -legal intimation to Periyapatna Police Station; police came to the hospital and enquired with the victim and her husband on the night of the date of the incident i.e., on 26.2.2009, however the complaint as per Ex.P1 lodged by PW. 1 came to be registered in Periyapatna Police Station at about 8.00 p.m. on 27.9.2009 in Crime No. 56/2009 by the Sub -Inspector of Police (PW. 20); the said Sub -Inspector of Police sent FIR as per Ex.P14 to the jurisdictional Magistrate; PW. 18, the Inspector of Police completed the investigation and laid the charge sheet.

(3.) SRI C.H. Jadhav, learned senior advocate appearing on behalf of the accused submits that the case of the prosecution as made out before the Court is unbelievable; except the oral assertion of PW. 1 that she was sexually assaulted, no other material is found to support her version; though it is not necessary to have corroboration in such matters to the evidence of PW. 1, the other material on record at least should have supported the version of PW. 1 to certain extent. He draws the attention of the Court that the material collected by the prosecution is unbelievable; the medical evidence as well as the report of Forensic Science Laboratory did not support the case of the prosecution; though the incident has taken place in cow dung pit and though it is the version of PW. 1 that she was sexually assaulted in thorny bush, neither the victim nor the accused had sustained any injury on any part of their bodies; though the police have come to the hospital within three hours after the incident and enquired with the victim and her husband including the doctor, her statement was not recorded; though it is the version of PW. 1 that her statement was recorded at about 11.00 p.m. by the doctor, the same is suppressed by the prosecution; the intimation given by the doctor -PW. 11 to the police about medico -legal case during night of 11.30 p.m. on 26.2.2009, is not produced before the Court and the such intimation is also suppressed. He further draws the attention of the Court to the evidence of the Investigating Officer that he got intimation about medico -legal case only in the evening of 27.2.2009 and thereafter he went to the hospital; according to the defence, the false case is foisted against the accused because of the civil dispute pertaining to temple site which is adjoining the house of PW. 1.