Judgment

S. RATNAVEL PANDIAN, J.:- This appeal by special leave under Art. 136 of the Constitution of India is preferred by the State of Karnataka challenging the judgment of the High Court of Karnataka rendered in Criminal Appeal No. 413 of 1978.

2. The brief facts giving rise to this appeal are as follows:

The respondent, Mahabaleshwar Gourya Naik who was aged about 18 years at the time of alleged incident was tried for an offence punishable under Ss. 341, 354, 376 and 323, I.P.C. on the allegation that on 3-10-77 at about 2.10p.m. on Nidagod-Heggodmane road at a distance of 2 furlongs away from Nidagod cross, wrongfully restrained the victim girl, who before the trial of the case is said to have committed suicide, and committed rape without her consent by forcibly taking her to the nearby jungle which is at a distance of about 40 metres from the road and that during the course of the said offence, the respondent caused hurt to the victim. At the time of the occurrence, the girl was aged about 15 years, studying in IX Standard in Siddavinayaka Girls High School at Siddapur. As the prosecutrix Palakashi died even before the trial commenced, the prosecution has rested its case only on