STATE OF KARNATAKA Vs. MANJUNATHA M

JUDGEMENT

(1.) THE judgment and order of dated 5.12.2014 passed by the II Additional Sessions Judge, Davanagere, in SC.26/2014 is the subject matter in this appeal filed by the State.

(2.) THE accused was tried for the offences punishable under Sections 341, 504, 506, 323, 376 r/w. Section 511 of IPC. However, the trial Court acquitted the accused of all the offences except the offences punishable under Sections 341 and 323 of IPC. This appeal is filed by the State praying for conviction of the accused for the offence punishable under Section 376 along with Sections 504 and 506 of IPC.

(3.) CASE of the prosecution in brief is that when the complainant -Nethramma (PW.14) was manuring the maize crop grown in her land, accused went there and wrongfully restrained her from moving further with an intention to commit rape on her; he felled her on the ground, abused her in filthy language and gave fist blow on her eye; he made an attempt to commit rape on her. It is relevant to note that though the offence alleged is punishable under Section 376 of IPC, it seems the case of the prosecution is that the accused tried to outrage the modesty of the complainant.