JUDGMENT :

K Somashekar, J.

This appeal is directed against the judgment of acquittal rendered by the Court of the VI Addl. District & Sessions Judge, D.K, Mangaluru, in S.C.No.53/2008 dated 18.12.2015 acquitting the accused for offences punishable under Sections 376 and 392 of the IPC, 1980. This appeal has been filed by the State seeking 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 counsel Smt. Pooja Kattimani for the respondent/accused and the learned HCGP for the appellant/State. Perused the judgment of acquittal rendered by the Trial Court in S.C.No.53/2008 consisting the evidence of PW-1 to PW-23 and several documents got marked at Exhibits P1 to P29 and so also the material objects got marked at MO-1 to MO-9.

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

It transpires from the case of the prosecution that on 09.03.2008 at around 11.30 p.m., PW-1 who is the victim, was waiting for bus near the roadside in front of Fisheries College, Yekkur, to go to Manjeshwara. The accused and another person are said to have come in a Honda Activa scooter bearing No.KA-1