THE STATE OF KARNATAKA Vs. G. RAGHUNATH

JUDGEMENT

(1.) The Judgment & Order of acquittal dated 4th October 2011 passed by the Fast Track Court, Tiptur in S.C. No. 24/2010 is called in question in this appeal.

(2.) Case of the prosecution in brief is that about six months prior to 18.3.2008, the accused committed sexual assault on Kariyamma/complainant in her house situated in Mallenahalli, Tandya, Chikkanayakanahalli taluk; accused made the prosecutrix to believe that he would marry her; he had forcible sexual intercourse with her; the victim became six months pregnant; the accused threatened the complainant with dire consequences, if she tells anybody about the incident in question.

(3.) Sri Keshavamurthy, learned SPP -II taking us through the material on record submits that the Court below has erred in acquitting the accused, more particularly when the expert's opinion relating to DNA test is against the accused; the still born child is proved to be born to the prosecutrix because of cohabitation with the accused. He further submits that the evidence of the prosecutrix (P.W. 1) coupled with the expert's opinion prove the case of the prosecution beyond reasonable doubt.