(1.) This appeal filed by the State challenging the judgment of acquittal dated 30.06.2012 passed in SC No.665/2011 on the file of Fast Track Court - XIII, Bengaluru City, for the offences punishable under Sections 363, 366-A, 376 and 506 of Indian Penal Code.
(2.) The factual matrix of the case is that; the accused on 18.03.2011 kidnapped the minor girl who is P.W.4, at about 6.30 p.m., when the victim girl P.W.4 and her sister P.W.3 were coming back to home. The accused who is working in a welding shop nearby the house of P.W.1 came in a red color Maruthi Car driven by other accused, called the victim and when the victim came near the accused, held her hand, forcibly pulled her inside the car and closed the window glass and instructed the driver to move immediately. When P.W.4 started screaming, the accused closed her mouth with his hands and threatened her that if she again makes any noise, he would kill her and thereafter, victim girl was taken to lodge by name Shri Comfort Lodge situate on the Kanakapura Main Road and committed rape on her in room No.101.
(3.) It is the case of the prosecution that P.W.3 who along with victim - P.W.4, came and told about the incident and immediately, P.W.1 had lodged complaint with the police and drew the mahazar. Thereafter, Police, who were deputed, apprehended the accused and the victim girl on the next day near Nagavara Ring Road signal and produced them before the police in the Station. They were subjected to medical examination and obtained the report. After collecting the date of birth of the victim girl from the school, statements of witnesses were recorded. After completion of the investigation, the police have filed the charge sheet for the above offences.