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2022 Supreme(Kar) 464

H. B. PRABHAKARA SASTRY, ANIL B. KATTI
State, through Grameen Police Station, Gulbarga – Appellant
Versus
Sharanu @ Sharanappa @ Sharanabasappa, S/o. Yashwant Jamadar – Respondent


Advocates Appeared:
For the Petitioner: Sri Prakash Yeli, Additional State Public Prosecutor.
For the Respondent: Sri Ameet Kumar Deshpande, Senior Counsel for Sri Suresh C. Tengli.

JUDGMENT :

The State has filed this appeal under Section 378 (1) & (3) of the Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as "the Cr.P.C."), challenging the judgment of acquittal dated 18-11-2013 passed by the learned I Additional Sessions Judge at Gulbarga (hereinafter for brevity referred to as "the Sessions Judge's Court") in Sessions Case No.335/2012, acquitting the accused of the offences punishable under Sections 450, 376 and 506 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC").

2. The summary of the case of the prosecution in the Sessions Judge's Court was that, the accused, who was a married person having wife and two children and a resident of the village of the complainant/victim, was asking her to have sexual intercourse with him and was always following her and used to threaten her. In the month of December 2011, on a day in the afternoon, when the other members of the family of the victim girl had been to their agricultural land for work, noticing that the complainant/victim was alone in her house, the accused barged into her house and caught hold of her, closed her mouth with the help of a cloth and assaulted h

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