STATE BY HARIHARAPURA POLICE Vs. NAVEESHA

JUDGEMENT

(1.) The judgment and order of acquittal dated 22.3.2012 passed by the Addl. Sessions Judge, Chickmagalur in Sessions Case No. 86/2010, is called in question in this appeal by the State.

(2.) The case of the prosecution in brief is that the accused/respondent herein took the victim (P.W.1) to the Acacia plantation at Devaramane village, Koppa Taluk, Chickm-agalur District; committed forcible sexual intercourse without the consent of the victim; thereafter he gave threat of life to P.W.1; the incident has taken place at about 2.30 p.m. on 27.5.2010; the victim has narrated about the incident to her parents and relatives immediately after the incident and showed the accused as the person who committed sexual assault on her; immediately after the victim pointed towards the accused, he was apprehended by P.Ws.5, 6 and others; however, after disclosing his name to the mother and brother of the victim, the accused fled away from the scene.

(3.) In order to prove its case, the prosecution in all examined 16 witnesses, got marked 15 documents and 6 material objections. On behalf of the defence no witness is examined. As mentioned supra, the trial Court by giving the benefit of doubt in favour of the accused, acquitted the accused.