STATE OF KARNATAKA Vs. NAGAPPA

JUDGEMENT

(1.) There is a delay of 36 days in filing the appeal. However, it is noticed that on merits the appeal may have to be rejected. On a plain reading of the judgment of the Court below it cannot be said that the trial Court acquitted the accused "on minor discrepancies and omissions" as sought to be urged in the grounds of appeal. Therefore, though the delay in filing the appeal would have to be condoned on notice being served on the respondents, on the application, in view of the appeal itself lacking merit, it is felt not necessary to consider the question of delay.

(2.) It was the case of the prosecution that PW-1 was said to be the victim, PW-2 is the brother of the victim, PW-6 was the hither of PW-1. The father of PW-1 was the owner of land in Harangera village. In Sept., 2014 cotton had been cultivated on the land. On 22.09.2014, at about 9.00 a.m., PW-6 the father of PWs-1 and 2 had called her and her brother to de weed the land since he had to go to Shahapur along with his wife. It is stated that PWs-1 and 2 had started to remove the weeds in the land. While they were so engaged, at about 1.00 p.m. the accused is said to have tress-passed on the land and abused PW-1 saying VERNACULAR MATTER and came near PW-1 and all of a sudden caught, her hands and started to drag her away. When she had shouted for help and on hearing her cries PWs-4, 5 and 7 are said to have come there to her rescue. And on seeing them the accused is said to have run away and while leaving he had again shouted VERNACULAR MATTER. It transpires that PWs-1 and 2 on returning to their house did not inform their father and mother of the incident. It is only on 29.09.2014 at about 1.00 a.m. that PW-1 had informed the residents of the locality about the act of the accused and discussed the matter and it is thereafter they decided to lodge a police complaint.

(3.) On the basis of the complaint, a case was registered in Crime No. 115/2014 for the offence punishable under Sections 447, 354-A, 504, 506 of the Indian Penal Code, 1860, and under Sec. 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sec. 12 of the Protection of Children from Sexual Offences Act, 2012. On that basis, the First Information Report was submitted, further investigation was taken up. After recording the statement of witnesses and after obtaining the medical certificate and after further proceedings the matter was committed to the Special Court for a trial. The charges have been framed and the accused have pleaded not guilty and have claimed to be tried, the prosecution had tendered evidence of 10 witnesses and several documents were also marked. After recording the statement of the accused under Sec. 313 of the Code of Criminal Procedure, 1973 the Court below had framed the following points for consideration: