The court found insufficient evidence to support a conviction for rape under Section 376 IPC, emphasizing that absence of injuries and contradictions in victim testimony critical to the case undermined the prosecution's claims.

JUDGMENT :

G BASAVARAJA, J.

The appellant has preferred this appeal against the judgment of conviction dated 04.06.2013 and order on sentence dated 06.06.2023 passed by the Principal District & Sessions Judge, Chikkamagalur, in S.C.No.73/2012.

2. For the sake of convenience, the parties herein are referred to their rank as before the trial Court.

3. The brief facts leading to this appeal are that the Circle Inspector of Police, Rural Police Station, Chikkamagaluru, submitted a charge sheet against the accused for the offence under Sections 366 , 343, 376 IPC . It is alleged by the prosecution that CWs.4 and 5 are the parents of victim girl-CW1. They were residing in Attigundi and working as coolies. They have two daughters and one son. CW1 studied in the house of CW6 at Kolludoddi from 1^st to 5^th standard and thereafter, she used to go to Allampura School and was staying at Attigundi. CW1 used to go to the school by SMS private bus and the accused was the driver of the said bus. CW1 used to tell to her parents that accused used to tease her saying that he loves her and intends to marry her and that he will look after her well. Thus, he was insisting her to love him. When the accused told so, CW1 told that she is minor and she has not attained the marriageable age and is not willing to marry him. In spite of that, the accused used to insist her. When the said fact was said to the parents of CW1, they called CWs.6 and CW8 and all of them advised the accused not to do so. In spite of the advice, the accused continued his earlier behaviour towards CW1 and was pestering her. As such CW1 stopped going to school and she shifted the residence to Kalludoddi. When they started residing at Kalludoddi, on 16.04.2012 CW1 was taken by CW8 to his house at Mylimane under the apprehension that accused may come and insist her to marry him.

4. It is the further case of the prosecution that when CW1 was staying in the house of CW8 on 23.04.2012 at about 04.30 p.m., CW1 went to bring water from the Boothanagudde water tank and at that time CW8 and 9 were there in the house. At that time, the accused came in an Autorikshaw and by telling that her father is sick forcibly took her into the Auto. At that time, CW10 and CW12 saw the accused taking CW1 in the Auto. After taking CW1 in the Auto, the accused brought her to Chikkamagaluru at about 06.30 p.m. and took her to a cloth shop in M.G.Road and got purchased her two dresses and thereafter, took her in a car to Birur. There he went to the house of CW11 and after talking with CW11, he took CW1 into the said house. CW1 saying that they can stay there for 3 days and when they were staying there during night hours the accused sexually assaulted her and confined her for 3 days in the house of CW11. He even threatened her by saying that she should not disclose the said fact to anybody. When the parents did not trace CW1-Victim, CW8 informed the said fact to CW5. Thereafter, he went to the police station and filed a missing complaint. The Investigating Officer submitted the charge sheet against the accused for the aforesaid offences.

5. After filing the charge sheet, case was registered in C.C.No.611/2012. After committal to the Court of Sessions, case was registered in S.C.No.73/2012.

6. After hearing both sides, Trial Court has framed the charges for the offences punishable under Sections 366 , 343 and 376 IPC . Same was read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused, prosecution got examined 15 witnesses as PWs.1 to 15 a