SRI. MANSOOR @ ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional SPP for the respondent-State.

(2.) The factual matrix of the case of the prosecution is that the victim girl is daughter of P.Ws.2 and 3 and this appellant is known to family of the victim and residing in nearby locality. The victim was studying in 9th standard and is a minor. On 9/7/2011 at 1.30 p.m., victim returned to her house after the school and her parents and brothers were not in the house and she was alone. At about 1.45 p.m., the appellant came to her house and knocked the door and when she opened the door, accused returned the machete which he had taken from her father and came inside the house and embraced and kissed her and then he caught hold her hand and took her to bed room and gagged her mouth by putting cloth and made her to lie on the ground and committed forcible sexual intercourse against her will and without her consent. On 21/7/2011 night, victim was weeping and later, the parents of the victim came to know about the incident and on the next day, they lodged the complaint. The police registered the case in Crime No.155/2011, investigated the matter and filed the charge-sheet for the offence under Ss. 376 and 506 IPC.

(3.) The accused was arrested and he was remanded to judicial custody and subsequently, he was released on bail. The accused did not plead guilty. Hence, the prosecution examined the witnesses as P.Ws.1 to 21 and got marked the documents as Exs.P1 to P18 and M.Os.1 to 6. On behalf of the defence also, four witnesses were examined as D.Ws.1 to 4 and got marked the documents as Exs.D1 to D7.