SABANNA Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by accused No.1 by assailing the judgment of conviction and order of sentence passed by the III Additional Sessions Judge, Gulbarga, dated 5.4.2011 in SC.No.263/2010.

(2.) The brief facts of the case of the prosecution are that due to the old dispute between the complainant's husband and the accused, on 26.4.2010 complainant after attending the coolie work returned to her house. Thereafter, she had been to attend the second call of the nature. While she was returning her home, in between 7.00 p.m. and 7.30 p.m., on the bank of stream, accused No.1 went there, by wrongfully restraining her, put cloth into her mouth and caught hold of her neck, at that time, another accused caught hold of her hands, dragged her near the bush, in the bank of stream and made her to fall on the ground and thereafter accused No.1 by removing her clothes committed rape on her. At that time, accused No.2 caught hold her hands and closed the mouth. Though the complainant tried to resist, accused assaulted on her face. It is further case of the prosecution that immediately she became unconscious after the incident, accused left the spot. It is further case of the prosecution that, somebody after observing, informed the family members of the complainant and told that she has fallen unconscious. Immediately her husband and relatives came to the spot and there they saw the complainant in a nude position. Immediately, they put clothes on her and shifted her to Government Hospital, Sedam. On the basis of the MLC report, Sedam police visited the hospital, recorded the statement of the victim and thereafter she was referred to Government Hospital, Gulbarga. On the basis of the complaint, a case was registered in Crime No.89/2010. The Investigating Officer, after completion of investigation, filed charge sheet against accused Nos.1 and 2. After filing of the charge sheet, the learned jurisdictional Magistrate took the cognizance. As the offences are triable by the Court of Sessions, after compliance of Section 207 of Cr.P.C., he committed the case to the Sessions Court. The Sessions Court after taking the cognizance, securing the accused and after hearing about the charge, framed the charge. Accused pleaded not guilty, as such the trial was fixed.

(3.) In order to prove its case, the prosecution has examined PWs.1 to 14 and got marked Ex.P1 to P12 and MOs.1 to 8. On behalf of the accused, no witnesses were examined and no documents have been produced. After hearing both the sides, the impugned judgment came to be passed by the trial Court, convicting accused No.1 and acquitting accused No.2. Being aggrieved by the same, accused No.1 is before this Court.