STATE Vs. ABU SALMAN SAIFAN SAB THAMBE

JUDGEMENT

(1.) Heard Sri Vijayakumar Majage, learned State Public Prosecutor-II appearing for the State and learned counsel appearing for respondent Nos.1 and 2, on admission.

(2.) This appeal is filed by the complainant/victim questioning the order of acquittal passed in S.C.No.1371/2021 by the LIII Additional City Civil and Sessions Special Judge, Bengaluru, acquitting accused Nos.1 and 3/respondent Nos.1 and 2 for the offences punishable under Ss. 354, 376, 420, 504 and 506 read with Sec. 34 of Indian Penal Code, 1860 (for short, 'IPC') and prayed this Court to convict the accused persons and impose the sentence.

(3.) Sri Vijayakumar Majage, learned SPP-II appearing for the State, vehemently contended that the trial Court committed an error in acquitting the accused and failed to properly appreciate the evidence of the prosecution witnesses and material available on record, thereby arriving at an erroneous conclusion that the prosecution had not proved its case. It is contended that the learned trial judge ignored otherwise reliable and acceptable evidence and failed to take note of the fact that the accused had committed an offence against the victim girl merely on the ground that the medical report did not disclose any external injuries. It is further contend that the very approach of the trial Court is erroneous, as it failed to properly appreciate the medical evidence, which discloses that the hymen of the victim was not intact, which, according to him, clearly indicates that she was subjected to sexual intercourse. Hence, he sought admission of the appeal.