Point of Law : Acquittal judgment rendered by Trial Court does not suffer from any infirmity and there is no perversity, absurdity or illegality committed by Trial Court. [Para 31]

JUDGMENT :

K. SOMASHEKAR, J.

1. This appeal is directed against the judgment of acquittal rendered by the Court of the II Addl. District and Sessions (Special) Judge, D.K. Mangaluru, in Spl. C. No. 2/2011 dated 08.10.2015 acquitting the accused for offences punishable under Sections 376 of IPC, 1860 besides Section 3(2)(v) of the SC & ST (POA) Act, 1989. This appeal has been filed by the State seeking intervention by considering the grounds urged therein and to set-aside the judgment of acquittal rendered by the Trial Court and to consequently to convict the accused for the offences leveled against him.

2. Heard the learned HCGP for the appellant/State and so also the learned counsel Shri B. Lethif for Respondent Nos. 1 and 2. In this matter, though process has been served on Respondent No. 3/Malini, she remains absent and unrepresented. Perused the judgment of acquittal rendered by the Trial Court in Spl. C. No. 2/2011 consisting the evidence of PW-1 to PW-14 and several documents got marked at Exhibits P1 to P16.

3. The factual matrix of the appeal is as under:

It transpires from the case of the prosecution that the victim aged about 16 years had filed a complaint making allegations against the accused. It is stated in the complaint allegations that the victim was residing along with her mother/PW-2, father/CW-2, sister PW-9/Kum. Akshatha and younger brother PW-10/Avinash. She is said to have studied upto 7th Standard at Government School at Salmara of Puttur and thereafter had joined Kombettu High School of Puttur in the year 2009 for her 8th Standard and thereafter she is said to have discontinued her education and is said to have started working as a housemaid. In the month of March 2010, PW-8 namely the victim girl along with her younger brother namely PW-10 and younger sister namely PW-9, had been to Brahmaratha festival which was held for about a week’s time at Puttur Sri Mahalingeshwara Temple. It is alleged that Accused Nos. 1 and 2 who were known to the victim girl, her brother as well as her sister, is said to have taken all of them from Car Festival field to the house of Accused No. 1/Mithun at Bannur. It is stated that the victim girl, her brother, sister and Accused No. 1/Mithun had slept in the house of the said Accused No. 1/Mithun. At that time, it is alleged that Accused No. 1/Mithun had committed sexual intercourse with the victim girl. Thereafter, on the last day of the car festival, that is on 23.03.2010, again the victim girl along with her sister/PW-9 and brother PW-10 when they were returning to their house after finishing the Car festival, during the night, Accused No. 2/Matheesh is said to have had sexual intercourse with the victim girl on promising that he would marry her. As a result of these two incidents of sexual assaults by Accused Nos. 1 and 2, the victim girl is said to have become pregnant. The victim girl had lodged the complaint against the accused persons when she was eight months carrying woman, alleging in her complaint that the accused persons knowing fully well that the victim girl belongs to a scheduled caste, had deliberately commit the above said atrocity against her.

4. Based upon her complaint, criminal law was set into motion by registering a case in Cr. No. 221/2010 against Accused Nos. 1 and 2 who are arraigned as respondents for offences punishable under Sections 376 read with Section 34 of the IPC and for offences under Section 3(2)(v) of the SC & ST (POA) Act, 1989. The FIR came to be registered as per Exhibit P8. Subsequently, the Investigating Officer had taken up the case for investigation and conducted investigation thoroughly and had visited the scene of crime at Nekkila village, namely the front room of the house of Accused No. 1/Mithun and conducted spot mahazar as per Exhibit P12 and also prepared rough sketch of the spot as per Exhibit P13. The Investigating Officer/PW-13 thereafter had visited another spot of the incident namely by the side of pathway leading to the ho