STATE BY KUDUR POLICE STATION Vs. ANJINAPPA

JUDGEMENT

(1.) Since these two appeals are in respect of the same judgment and order passed by the learned Fast Track Court Judge, Ramanagara and since common questions of law and facts are involved in both the appeals, they are taken together to dispose of them by this common order.

(2.) Criminal Appeal No.83/2013 is preferred by the State being aggrieved by the judgment and order dated 10.10.2012 passed in Sessions Case No.66/2010 on the file of the Presiding Officer, Fast Track Court at Ramanagara, wherein the respondent-accused has been acquitted for the offence punishable under Section 376 of IPC.

(3.) Brief facts of the prosecution case are, mother of victim girl, has lodged a complaint as per Ex.P1, stating that victim is her daughter, aged 6 years. When she had been to the public tap to collect water, accused person who was present there on the pretext of giving sweets to her, took her to the hut situated nearby and had removed the clothes of the victim girl and firstly, made an attempt for sodomy and then tried to commit rape on her. At that time, since the girl screamed, complainant on hearing her screaming voice rushed to the said place and saw that accused person was making an attempt to commit rape on her daughter. On seeing the complainant, accused person ran away from the said place. Accordingly, it is stated by the complainant that accused person may be secured and appropriate action may be taken against him.