The prosecution failed to prove the accused's guilt beyond a reasonable doubt, given the significant delay in filing the complaint and lack of corroborative evidence.

JUDGMENT :

G. BASAVARAJA, J.

1. The appellant has preferred the appeal against the judgment of conviction and order on sentence dated 15^th April 2014, passed in SC No.265 of 2012 by the Principal Sessions, Judge, Tumkur (for short "the trial Court").

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

3. Brief facts leading to appeal are that the Circle Inspector of Police, Tumkur Rural Circle, Tumkur, laid charge- sheet against accused for the offence punishable under Sections 376 and 506 of Indian Penal Code. It is the case of the prosecution that on 13^th June 2012 at about 2:30 pm, prosecutrix PW3/CW1 appeared before PW9/CW12 A.V. Kumar, Sub Inspector of Police of the complainant Police Station and lodged a written complaint as per Exhibit P3. The summary of the complaint was that the prosecutrix after completing her Diploma Course in HMS College at Tumkur, was now and then visiting the college. At that time, she was introduced to accused the appellant-Arun Kumar through Sri Hanumantaraju, who was a student in the very same college. The said Arun Kumar was visiting the college to meet Hanumantaraju now and then. On 27^th May, 2012, after completing examination at 5 o'clock, prosecutrix came to the Civil Bus Stand. The accused-Arun Kumar also followed her to Bus stand and talked to her. Stating that he has some known persons in her village and that he is also going to her village, he boarded the same bus in which she was travelling and got down along with her in the stop near her village. Both of them are going towards to her village by walk, and it was 6.00 pm by then. On the way, when they were passing a dilapidated, Eshwara Temple, the accused held her hands and also closed her mouth with his hand and dragged her to bush near the stream, made her to fall on the ground, inserted the veil into her mouth and removed her churidar lied on her and committed sexual intercourse with her. Though she resisted, she could not succeed in preventing him. After subjecting her to rape, he threatened her of taking her life in case she discloses the incident to her parents or anybody. Leaving her there, he left the place. After recovering by herself, she went to her house. Though her mother asked her as to why she was dull, she did not reveal the truth keeping the reputation of the family in mind, but stated that examination was bit difficult. She was dull and was not taking food properly for 10 to 15 days. Observing this, her parents insisted her to reveal the reason then she revealed the incident. The parents advised her to lodge police complaint. Accordingly, she lodge the complaint. On the basis of the complaint, case was registered in crime No. 199 of 2012 against the accused for offence punishable under Sections 376 and 506 of Indian Penal Code. After investigation, investigating officer submitted sheet for the aforesaid offences.

4. Thereafter, case was registered in CC No.3521 of 2011 and after commital to the Court of Sessions, case was registered in SC No.265 of 2012 against the accused. Accused was released on bail. After hearing on charges, the trial Court framed charges for the commission of aforestated offences. The same was over read over and explained to the accused. Having understood the same accused pleaded not guilty and claimed to be tried. To prove the case of prosecution, 10 witnesses were examined as PWs1 to 10, eight documents were more as Exhibits P1 to P8. On closure of prosecution side evidence, statement of accused under section 313 of Code of Criminal Procedure was recorded. Accused denied the evidence of prosecution witnesses and he has submitted written statement under section 313