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 in the land of one Hanumantharayappa, at that time, accused Nos. 1 and 2 by holding her tightly and by closing her mouth, committed rape and threatened her with dire consequences. PW.1 became pregnant due to the act committed by the accused.

On the basis of the complaint lodged by the victim, case was registered in crime No. 869/2009 of Nelamangala Police Station for the offences punishable under Sections 376, 354, 114, 120 and 506 read with section 34 of IPC.

Investigation was taken up. After completion of the investigation, charge sheet came to be filed for the offences punishable under Sections 376, 354, 114, 120 and 506 read with section 34 of IPC.

Charges were framed against accused Nos. 1 and 2 for the said offences and when the charges were read over and explained to accused Nos. 1 and 2, they pleaded not guilty and claimed to be tried. Hence, the matter was fixed for trial.

In support of its case, the prosecution, in all, examined 17 witnesses as P.Ws.1 to 17 and produced the documents as per Exs.P.1 to P.9 and also got marked M.Os.1 to 11. On the side of the defence, no witnesses were got examined nor any documents got marked.

After hearing the arguments on both sides, the Court below came to the conclusion that the prosecution failed to prove any of the charges as against both the accused persons, beyond all reasonable doubt, and hence, acquitted both the accused from the said charges.

3. Being aggrieved by the same and challenging the legality and correctness of the aforesaid judgment and order of acquittal passed by the Court below, the State is before this Court in this appeal and challenging judgment and order of acquittal on the grounds mentioned at ground Nos.1 to 10 in the appeal memorandum.

4. Heard the arguments of learned Additional SPP for the appellant-State, learned Amicus Curiae for the respondents-accused Nos. 1 and 2 and also respondent No. 2 party in person.

5. Learned Additional SPP during the course of the arguments made submission that looking to the complaint averments and also the evidence of victim girl (P.W.1), she has clearly stated about the rape committed on her by accused No. 1 wherein accused No. 2 assisted accused No. 1 in executing the said act. He made submission that, by that time, the victim girl was minor, aged 16 years. In this regard, learned Additional SPP drawing the attention of this Court to the school certificate (Ex.P.9) made submission that the said document clearly goes to show that as on the date of the alleged incident, the victim was minor. In this connection, the learned Additional SPP relies upon the decision of the Apex Court in case of STATE OF MADHYA PRADESH VS. ANOOP SINGH, AIR 2015 SCW 3985 and made submission that the documents issued by the school authorities regarding the date of birth can be