1. This appeal is by the State being aggrieved by the judgment and order of acquittal dated 24.2.2012 passed by the Presiding Officer, Fast Track Court-III, Bengaluru Rural District, Bengaluru, in Sessions Case No. 232/2010. By the judgment and order, respondent Nos. 1 and 2 accused Nos. 1 and 2 were acquitted for the offences punishable under Sections 376, 354, 114, 120 and 506 read with Section 34 of IPC.

2. Brief facts of the case is that six months prior to 09.10.2009, accused Nos. 1 and 2 conspired to commit rape on PW.1 – Kumari Asha, aged about 16 years and when the prosecutrix, after finishing her coolie work was returning to her house, accused No. 1 all of a sudden came from her back and covering her face with a towel dragged her to a nearby eucalyptus garden of one Bylappa and by threatening her with dire consequences, committed rape. Further, he threatened her not to disclose the same to anyone, or otherwise, he will kill her parents. Thereafter, accused Nos. 1 and 2 followed P.W.1 and at the instigation of accused No. 2, accused No. 1 committed forcible sexual intercourse. Further, on 09.10.2009, at about 12:00 noon, when PW.1 had gone to attend nature’s call i