JUDGMENT :

K. SOMASHEKAR, J.

1. The State has preferred this appeal challenging the judgment of acquittal rendered by the Trial Court in S.C. No. 05/2013 dated 02.11.2015 acquitting the accused for offences punishable under Sections 344, 366A, 368, 376, 506 and 114 read with Section 34 of Indian Penal Code, 1860. During the pendency of the case, accused No. 1 namely Ravi C.K. S/o Late Kadanna had died. Consequently appeal against him stood abated vide order dated 04.01.2022. In this appeal the State is seeking to consider the grounds urged and to set aside the acquittal judgment rendered by the Trial Court in S.C. No. 05/2013 and consequently to convict the remaining accused Nos. 2 to 5 for the offences stated supra.

2. Heard the learned HCGP Shri Thejesh P. for the appellant/State and so also, learned counsel Shri Syed Akbar Pasha for respondent No. 3/accused No. 3 who has also taken care of the contentions of respondent Nos. 2, 4 and 5 who are arraigned as accused in the aforesaid acquittal judgment in S.C. No. 05/2013 and also on behalf of counsel who have been engaged by the aforesaid accused. Perused the judgment of acquittal rendered by the Trial Court in S.C. No. 05/2013 dated 02.11.2015 and the evidence adduced by the prosecution in respect of PW-1 to PW-10 and also documents at Exhibits P1 to P12 inclusive of MO-1 to MO-10.

3. Factual matrix of this appeal is as under:

It transpires from the case of the prosecution that CW-2 being victim and who is arraigned as PW-2 has been subjected to examination on the part of the prosecution to prove the guilt of the accused. CW-1 who is arraigned as PW-1 Devaraju, is none other than foster father of PW-2 being the victim girl. On 07.07.2012 at around 6.30 p.m. when the victim girl namely PW-2 was alone in the house, Accused Nos. 2 to 5 are alleged to have abducted her and put her to life threat and the said victim was taken forcibly by the said accused persons, in an auto rickshaw to Nidaghatta. Victim PW-2 was taken to Bangalore to the house of accused No. 1 situated in Kengeri. Thereafter, accused Nos. 2 to 5 secured accused No. 1 to the house of accused No. 2 and forcibly got the victim married to Accused No. 1. Thereafter they had sent victim - PW-2 with accused No. 1 and from 07.07.2012 till 03.08.2012 it is alleged that accused No. 1 committed rape on the victim by abducting her and also wrongfully confining her. The aforesaid accused are alleged to have extended life threat to the victim and accused No. 1 is said to have had forcible sexual intercourse with her. Accused Nos. 1 to 5, with a common intention, are alleged to have abducted the victim girl PW-2 and thereafter Accused No. 1 had committed sexual intercourse on her by extending life threat.

4. In pursuance of the act of accused and also on a complaint being filed by PW-1/Devaraju, criminal law was set into motion by recording FIR for the offences reflected in the substance of the FIR. Subsequent to registration of the case, the I.O. had taken up the case for investigation and thoroughly investigated the case and laid a charge-sheet against the accused persons in Cr. No. 205/2012 registered by Chennapatna Rural Police Station. After completion of the investigation the investigating officer laid the charge sheet before the Committal Court in C.C. No. 1146/2012.

5. Subsequently, the committal Court has passed an order under the relevant provision of Section 209 of Cr.P.C and case was committed to the Sessions Court assigning the case in S.C. No. 05/2013. Subsequently, accused Nos. 1 to 5 were secured and had faced trial whereby charges were framed against aforesaid accused for the offences punishable under Sections 344, 368, 366A, 376, 506, 114 read with Section 34 of IPC. Charges framed were read out to the accused in language known to them but accused did not plead guilty and claimed to be tried. Accordingly, plea of the accused were recorded by the trial Court separately.

Subsequent to framing of charges by the trial Cou