JUDGMENT

This appeal has been preferred from the decision of the Karnataka High Court reversing the conviction and sentencing of the respondent under Section 376(1) of the Indian Penal Code (IPC).

2. The case of the prosecution was that prosecutrix, as school girl, was raped by respondent on 6th April, 1988 at about 12 noon. Prosecutrix (PW 1) was residing with her parents at Hosahatti. The school was at Belagur. She had taken the IXth standard examination in March 1988. The results were to be announced in April, 1988.

3. During the 1st week of April, 1988 there was Jatra at a Village called Kabbala. Prosecutrix s mother, Gowramma (PW 10), her father Ramaiah (PW 12) and her brother had opened a shop in that Jatra. On 6th April 1988, prosecutrix and her sister Shardamma (PW 11) were in their house at Hosahatti. At about 12 noon, prosecutrix left Hosahatti to go to Kabbala so as to get her bus fare from her parents because she wanted to go to Belagur to ascertain her examination results. While she was on the road from Hosahatti to Kabbala, the accused started following her. Suddenly, the accused caught hold of prosecutrix s left shoulder and dragged her into a ditch next to the road. Th