STATE OF KARNATAKA Vs. GOWTHAM

JUDGEMENT

(1.) The judgment and order of acquittal dated 7.3.2011 passed by the II Addl. District and Sessions Judge, Mysore, in S.C. No. 77/2010 is called in question in this appeal by the State. By the impugned judgment and order the Trial Court has acquitted the respondent/accused who was charged with the offence punishable under Ss. 366A and 376 of IPC.

(2.) Case of the prosecution in brief is that the victim PW.2 was aged about 15 years at the time of incident; her date of birth is 27.4.1995; PW.3 - C.V. Mohan is her father and PW. 12 Rajeshwari is her mother, PW. 1 - C.V. Yathish Kumar is her junior paternal uncle. The accused used to force the victim/PW.2 to marry him; about 2 months prior to 3.12.2009, the accused with the help of his brother Abishek and sister Tejaswini took the victim to Chamundi Hills and all of them told her to marry the accused; after some time said Abijith and Tejaswini went back to the house in Maruthi Van, whereas the accused and the victim stayed back for some time near Nandi Statue of Chamundi Hills, Mysore, and they came back to Mysore on motor cycle of the accused; on 3.12.2009 around 6.00 p.m. when PW.2 was returning to the house from the shop to which she had gone for purchasing soap, the accused came on a Hero Honda Motor Cycle and forcibly took the victim on the motor cycle; PW. 1 - uncle of the victim saw the accused taking her on the Motor Cycle; PW. 1 chased the accused but could not catch him; the accused took the victim to Nanjangud and stayed in a lodge i.e., Mahadeshwara Palace and committed sexual assault on the victim during the intervening night of 3.12.2009 and 4.12.2009; between 9.30 and 10.00 a.m. of 4.2.2009, the accused went along with the victim on Motor Cycle towards Mysore and on the way the police stopped the Motor Cycle and apprehended the accused, inasmuch as by then the complaint came to be lodged by PW.1 as per Ex. P.1. After securing the presence of the victim, her statement is recorded as per Ex. P.3 on 4.12.2009. Based on Ex. P.1 the complaint lodged by PW.1, Crime No. 213/2009 came to be registered in Saraswathipuram Police Station at 10.30 a.m. on 4.12.2009 for the offence punishable under Ss. 366A and 114 of IPC r/w 34 of IPC. Initially the brother and sister of the accused viz., Abishek and Tejaswini were arrayed as Accused Nos. 2 and 3. After registration of the crime, the statement of the victim came to be recorded as per Ex. P.3. Based on such statement, the offence punishable under Sec. 376 of IPC also came to be added. After completion of investigation, the police laid the charge -sheet for the offence punishable under Ss. 366A and 376 of IPC against accused.

(3.) The Trial Court framed the charge under Sec. 366A and 376 of IPC.