STATE OF KARNATAKA Vs. MAHANTAPPA

JUDGEMENT

(1.) this is an appeal preferred by the state against the order passed by the learned special judge at raichur, in special atrocities criminal case No. 1 of 1990, acquitting the respondents-accused of the offences under sections 376 and 506, part ii, Indian Penal Code and under Section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) Act, 1989.

(2.) the facts very briefly are:mariyawa-p.w. 1, who is the harijan woman, the victim of rape, sometime about 15 days prior to 2-1-1990 (the date of occurrence) returned from her parents' house at talikere to mukta rampur for the purpose of 'karthika' festival. She was married and was happily living at mukta rampur along with her husband and had come to her parents' house for the 'karthika' festival. On 2-1-1990 at about 5 p.m. P.W. 1 had gone towards 'hire halla' for washing her clothes. While she was passing the banks of 'hire halla', she noticed that both the accused sitting near the 'kangina podhf. When she came close to the 'halla', both the accused caught hold of her and accused 1 closed her mouth using his hand and put his other hand over her neck. Accused 2 threatened P.W. 1 with an axe. Both the accused took P.W. 1 towards the 'kanagina podhi'.

(3.) the first accused raped her and the second accused also committed rape. The victim was prevented from raising alarm. During the struggle it is alleged that accused 1 had sustained scratch mark on his cheek. At about that time P.W. 4 came near the scene of occurrence. Seeing P.W. 4, the accused ran away threatening P.W. 1 that she should not disclose the incident which had taken place. P.w. 1 told P.W. 4 about the rape committed on her by both the accused. He directed her to go to her house and tell her parents about the incident. P.w. 1 went to the house. On the way, she met one hanumappa and shivabasawa and told them about the incident. She returned to the house in a shocked state. However, her parents were not there and had not yet returned to the house. She went to the house of the first accused and poured her grief and agony to their female members. The female members in the first accused's house stated that since no male members are present in the house, they will inform the male members on their return. She went back to her parents' house. She informed her parents about the incident. Parents decided to consult their cousin one durgappa-p.w. 3, who resides at huliyur village. After seeing P.W. 3, all of them went to thavargere police station on 3-1-1990 at about 5-30 p.m. and lodged the complaint with the police which is ex. P-1. The station house officer registered the case in crime No. 1 of 1990. He sent express report to the court and his other superior officers and he arranged to send P.W. 1 to the lady medical officer, kushtagi, with a memo. The lady medical officer, kushtagi-p.w. 11 examined the prosecutrix, P.W. 1 at about 8 p.m. on the same day which is marked at ex. P-10. In her evidence the doctor, P.W. 11 found the following external injuries: