The State through Rural Police Station Hosapete in

Ballary District has filed this appeal under Section 378(1) and

(3) of Code of Criminal Procedure, 1973 (hereinafter referred

to as ‘Cr.P.C.’ for short) challenging the judgment of acquittal

passed by the learned III Additional District and Sessions

Judge, Ballari sitting at Hospete in S.C.No.136/2013, dated

09.09.2016

whereby

the

learned

Sessions

Judge

has

acquitted the accused/respondent herein for the offence

3

punishable under Section 395 of Indian Penal Code, 1860

(hereinafter referred to as ‘IPC’ for short).

For the sake of convenience, the parties herein

are referred to with their original ranks occupied by them

before the Trial Court.

Brief factual matrix leading to the case is as

under:

That PW-2 Nagamma is the mother-in-law of the

complainant and on 20.02.2013, the husband of the

complainant had gone to Shiradi while complainant had gone

to Koppal along with her children to attend a marriage

ceremony at about 8 a.m. It is alleged that PW-2 Nagamma

alone was in the house and on that day, at 2.30 p.m. when

the mother-in-law of the complainant PW2 Nagamma was

alone in the house situated within the jurisdiction of Hospete

R