JUDGMENT :

These two appeals are filed against the judgment and order dated 23.01.2018 in Sessions Case No.71/2017 on the file of the Principal District and Sessions Judge, Dharwad. Vide the impugned judgment and order, the learned Principal District and Sessions Judge has acquitted the accused for the offences punishable under Sections 376 and 417 of the Indian Penal Code, 1860 (“IPC” for short).

2. Aggrieved by the impugned judgment and order, the complainant has filed Criminal Appeal No.100128/2018 under Section 372 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short). On the other hand, the State has filed Criminal Appeal No.100184/2018 under Sections 378(1) and (3) of Cr.P.C.

3. For the sake of convenience, the parties are referred to their rank before the Trial Court and also the complainant is referred to as prosecutrix.

4. Since these two appeals are arising out of the same judgment and order, they are heard together and disposed of by this common judgment.

5. The allegations against the accused are that on 23.01.2016, the accused took the complainant near Channammanakere which is situated by the side of Navalgund Annigeri road and with a promise to marry her, he had se