STATE BY MUNDGOD POLICE STATION Vs. NINGAPPA

JUDGEMENT

(1.) The State has preferred these appeals against the judgment dated 18.08.2010 passed by the learned District and Sessions Judge, Uttara Kannada, Karwar, in Special Case No.4/2009. Criminal Appeal No.2735/2011 has been filed challenging the acquittal of respondent/accused under the provisions of Scheduled Cast and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act', for short) and Criminal Appeal No.2736/2011 has been filed seeking modification of the sentence for the offence punishable under Section 376 of IPC.

(2.) I have heard the learned HCGP for the State and the learned Amicus Curie appearing for the respondent-accused.

(3.) The case of the prosecution in brief is that, CW1 sister of victim, filed the complaint alleging that she is residing with her husband and children and her victim sister is residing by the side of her house along with her father and her children. The victim's husband left her and his whereabouts were not known since last eight years. The victim is a deaf and dumb lady. She understands her language of sign. She belongs to Scheduled Caste and Scheduled Tribe. Accused was known to the complainant and their family members. He belongs to Lingayat community. On 12.02.2009, the victim had gone to Mundgod along with her father to get the ration card in her name and also in her father's name. At about 5.30 pm, when the victim was returning to house, the accused by telling the father of the victim that he will drop her to house, took her on the motorcycle and on the way he committed forcible sexual intercourse with her. She came weeping. Her hair was disorderly and her bangles had been broken. On enquiry, she revealed the said fact and after return of the father, the said information was told to him and thereafter complaint was registered. On the basis of the complaint a case is registered and after investigation charge sheet has been filed.