HANAMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. Shivanand Pattanshetti, learned counsel appearing for petitioner and learned Addl. SPP for respondent and perused the records.

(2.) The victim girl Ms.Sunanda lodged a complaint on 30.04.2015 before Muddebihal Police Station alleging that on 30.04.2015 while she was sleeping in her house at about 3:00 a.m. accused person came to her house by opening the door and forcibly caught hold of her, closed her mouth and committed rape on her. She has stated that her grandmother who sleeping in the ground floor, woke up on account of sound of cot and commotion and saw accused person having sexual intercourse with her granddaughter aged 14 years and she tried to catch him, but was unable to do so since he ran away from the spot and as such she has lodged complaint against accused person for alleged rape.

(3.) It is contention of Sri. Shivanand Pattan-shetti, learned counsel appearing for petitioner that opinion in the FSL report is negative and petitioner has been falsely implicated and there being no report to indicate that victim girl has had any sexual intercourse in the recent past is a strong factor to disbelieve theory of the prosecution and as such prays for petitioner be enlarged on bail.