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. The ditch was situated on the right side of the road. The accused threw prosecutrix down, gagged her with his towel, raised her lehnga and raped her. When she struggled to release herself, the accused slapped her on her cheeks and tried to throttle her. She sustained scratches on the right cheek, on her chin and on her buttocks. After raping her the accused removed the towel from prosecutrix s mouth. She immediately screamed loudly. Yellabovi (PW 16) was going along the road when he heard the screaming of prosecutrix. He went to the spot and found the accused on top of prosecutrix in the ditch. He raised a hue and cry and the accused ran away from the spot. Yellabovi took prosecutrix out of the ditch and made her sit under a tamarind tree. There was a cactus like bush locally called "antarikey mullu" in the ditch. The thorns from the bush had caught in the hair of prosecutrix. Yellabovi started removing the thorns from her hair. By this time Kumara (PW 4) was returning from the Jatra at Kabbala and was on his way to Hosahatti. Kumara saw Yellabovi removing the thorns from the hair of the prosecutrix and asked him what had happened. Yellabovi told him what had happened but that he did not know who the girl was. Prosecutrix who was weeping raised her head. Kumara recognized her as prosecutrix. Kumara told Yellabovi that prosecutrix s father had opened a shop in the Jatra at Kabbala and asked him to inform her parents. Yellabovi went to Kabbala. Prosecutrix s father (PW 12) was not available. Yellabovi however, informed Gowramma and her son about the incident. Gowramma and her son went to the place described by Yellabovi and found prosecutrix sitting under a tamarind tree. They brought prosecutrix to the shop in the Kabbala Jatra Gowramma did not question prosecutrix about the incident then. It was only when her husband (PW 12) returned in the evening that she asked prosecutrix what had happened. Prosecutrix narrated the incident to her. The accused was known to the victim and her family as he used to come to their shop at Kabbala. Gowramma immediately told her husband what prosecutrix had said. The parents debated as to what they should do as prosecutrix was unmarried and the question of her reputation was involved. On the next day, i.e. 7th April, 1988, their elder daughter, Shardamma (PW 9) and her husband came to Kabbala in the morning. Prosecutrix again told her sister about the incident naming the accused Prosecutrix s father decided to inform the Pradhan, Govindappa (PW 14) of Belagur Mandal Panchayat and asked Shardamma and her husband to take prosecutrix to him. At about 9 or 10 A.M. Shardamma and her husband took prosecutrix to Govindappa. Prosecutrix again told Govindappa about the entire incident. Govindappa took them to the Belagur hospital