STATE OF KARNATAKA Vs. PAMPANNA

JUDGEMENT

(1.) Heard the learned Additional State Public Prosecutor and the learned Counsel for the respondent.

(2.) The complainant was 12 year old girl. The accused was her stepfather and since the complainant's mother had been deserted by the complainant's father, the mother started living with the accused and he had produced one girl child, the younger sister of the complainant. It transpires that on 12.10.2007 at about 12.00 p.m. when she was alone at home the accused had come and asked her to fetch drinking water for him and when she took the water to him, he had made her sit astride his thighs and he had undressed her and inspite of her protest and screams she had been beaten up and he had forced himself on her and had penetrated her vagina with his penis, which according to the complainant had caused her pain and suffering and she is also said to have started bleeding but the accused is said to have continued to have forced sex with her and after that he had threatened that if she reveal the incident to any person she would be killed and he had left the house. The complainant was distraught and could not complain to anybody. When the mother who was a flower vendor reached home in the evening, the complainant had not mustered the courage to reveal the incident to her mother. It is only on the next day when she did not get out of bed, her mother had made enquiries as to whether anything was wrong and it is then that she had revealed the incident to her mother. But inspite of that there was no further action taken by her mother. It is only 12 days later, after much consultation with elders that a complaint was lodged with the police. It is thereafter that the complainant was subjected to a medical examination.

(3.) On the basis of the belated complaint, action having been initiated, the accused was said to have been taken into custody and ultimately the matter having been committed to the Court of Sessions and the charges having been framed, the accused had pleaded not guilty and claimed to be tried. It is then the prosecution had tendered evidence of 17 witnesses.