Mrs. Manjula Chellur, J.,

JUDGMENT

The case of the prosecution as brought on record through the witnesses before Trial Court in brief is as under:

The respondent/accused by name Durgappa of Gajaldinni Village, Deodurga Taluk, Raichur District, was tried for offences punishable under Sections 376 and 323 of the Indian Penal Code, 1860. Consequently, he was acquitted of the charges by the Trial Court. Aggrieved by the same the State has come up in this appeal questioning the judgment of acquittal of the respondent/accused.

The complainant victim in this case is from Gajaldinni Village and her husband is Mr. Shivanna-P.W. 2. Accused is also from the same village. Victim and accused knew each other. The families of both the victim and the accused have landed property at Gajaldinni Village situate within the vicinity of each other.

On 1-2-1999 victim was working alone in her lands as it was post harvest season and her husband had gone to Jalahalli shandy for purchasing provisions. At about 4 p.m. while she was picking groundnuts, the accused said to have approached her from behind and suddenly caught hold of her hands asking her to go with him. He also pulled her when she tried to wriggle

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