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2025 Supreme(Online)(Kar) 39472

THE HIGH COURT OF KARNATAKA
MRS. K.S.MUDAGAL, MR. VENKATESH NAIK T, JJ
SRI. MALLAPPA S/O MAHALINGAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SMT. RATTIHALLI GEETA VEERANNA, SMT. GEETHA MISRA
For the Respondents: SRI VIJAYAKUMAR MAJAGE, SRI H.S.SHANKAR

Table of Content
1. charges framed against accused. (Para 2 , 4 , 5)
2. arguments on delay and evidence. (Para 9 , 10)
3. testimony of victim and corroborating evidence. (Para 11 , 12 , 18 , 20 , 21)
4. proving victim's age and caste identity. (Para 15 , 16 , 24)
5. conclusion on conviction under sc/st (poa) act. (Para 26 , 27)

ORAL JUDGMENT

This appeal is filed by accused No.2 in Special Case No.303/2015 on the file of III Additional District and Sessions Judge, Tumkur.

3. Appellant was accused No.2 in the said case. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

As on 27.06.2015, i.e. the date of filing the complaint, PW.2 was aged 14 years. The accused and victim belonged to same village. Accused No.1 was aged 60 years. About 7 months prior to the date of the complaint, one day when victim was returning from the land, accused No.1 dragged her into his house, stuffing cloth into her mouth, committed sexual assault on her. On learning about the incident, accused No.2 blackmailed her that he will reveal the incident to her parents and villagers, he dragged her into his house and committed sexual assault on her. Accused

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