STATE OF KARNATAKA Vs. FARZANA AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 21.11.2009 passed by the Fast Track Court No. VI, Bengaluru (CCC-6) in S.C. No. 75/2007 is called in question by the State in this appeal.

(2.) The accused-respondents are tried and acquitted of the offences punishable under Sections 342, 366A, 376 read with Section 34 of IPC and Sections 3, 5 and 6 of Immoral Traffic (Prevention) Act.

(3.) The case of the prosecution in brief is that prosecutrix i.e., P.W.-1, living at Kadapa in Andhra Pradesh State, came about 15 days prior to 22.08.2006 to Bengaluru in order to meet her sister Smt. Kamalbee; Kamalbee's husband (CW-6) was running a watch shop in the City Market, Bengaluru. Prosecutrix got down from the bus at city bus stand and went to her brother-in-law's watch shop; however, the watch shop was closed. She enquired with the neighbouring tea shop; tea shop owner told the prosecutrix to wait till the opening of the watch shop, she could not get the address of the house of her sister, so she went to the house of her sister's friend Smt. Farzana (accused No. 1) at Avalahalli and told her that she wants to meet her sister; Farzana (accused No. 1) took the prosecutrix to the house of Smt. Hasina (accused No. 3) at Anepalya and asked P.W.-1 to stay in the house of accused No. 3 till she meets her sister; prosecutrix came to know that accused Nos. 1 to 3 were carrying the business of prostitution. Accused Nos. 2 and 3 confined P.W.-1 in their house; accused No. 4 subjected P.W.-1 to forcible sexual intercourse; subsequently, number of other persons had sexual intercourse with the victim against her will for about 10 days.