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2017 Supreme(Kar) 761

RAVI MALIMATH
Harish – Appellant
Versus
State of Karnataka by Honnali Police Station, rep. by S. P. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Y.S. Shivaprasad
For the Respondent: Vijaykumar Majage

JUDGMENT :

1. The case of the prosecution is that on 15.2.2008 at about 1.00 p.m., the complainant, Kumari Lakshmidevi, was harvesting the tamarind fruits in the backyard of her house. The front door was closed. She was cleaning the tamarind fruits. There was nobody in the house. At about 1.00 p.m., the accused who was the neighbor of the complainant, came and asked her to come with him. When she refused, he came near the complainant, closed her mouth, dragged her into the house, locked the door and committed rape on her. She cried for help. At that time, PW2 Gowramma her aunt, knocked on the door. On hearing the same, the accused hid in the house. When the complainant’s aunt opened the door and entered into the house, he ran away.

2. The same was brought to the notice of the parents of the complainant. They tried to solve the issue by intervention of the elders, but nothing came of it. On 17.2.2008, a complaint was lodged and a case was registered in Crime No.30/08 for the offences punishable under Sections 448 and 376 of IPC. Investigation was taken up and the accused was arrested. Charge Sheet was field. The matter was set down for trial.

3. In order to prove its case, the prosecut





















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