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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF MARCH, 2018

PRESENT

THE HON'BLE MR. JUSTICE BUDIHAL R.B.

AND

THE HON’BLE MRS. JUSTICE K.S. MUDAGAL

CRIMINAL APPEAL No. 665/2012

BETWEEN:

THE STATE OF KARANATAKA

REPRESENTED BY THE

NELAMANGALA POLICE.

... APPELLANT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP)

AND:

1.

LAKKA @ LAKKAPPA

S/O SRI POOJAGAYYA,

AGED ABOUT : 27 YEARS,

2.

ANJANAMURTHY @ MURTHY,

S/O SRI BHANGI BYLAPPA,

AGED ABOUT 29 YEARS,

BOTH ARE RESIDENTED OF

GOPALAPURA, DASANAPURA HOBLI,

BANGALORE NORTH TALUK-562123.

... RESPONDENTS

(BY SRI C. NAGESHA AND SRI B. NARAYANA SWAMY

ADVOCATES FOR R1 (ABSENT);

SRI PRATHAP K.C., AMICUS CURIAE FOR R1;

SRI ANJANAMURTHY B., R-2 PARTY-IN-PERSON)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION

378(1) AND (3) CR.P.C PRAYING TO GRANT LEAVE TO FILE

AN APPEAL AGAINST THE JUDGEMENT AND ORDER OF

ACQUITTAL DATED 24.02.2012 PASSED S.C.NO.232/2010

BY THE P.O., FTC-III, BANGALORE RURAL DISTRICT.,

BANGALORE-ACQUITTING THE RESPONDENTS/ACCUSED

OF THE OFFENSES P/U/S 376, 354,114,120 AND 506 R/W

34 OF IPC.

THIS APPEAL COMING ON FOR HEARING THIS DAY,

BUDIHAL R. B. J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is by the State being aggrieved by the

judgment and order of acquittal dated 24.2.2012 passed by

the Presiding Officer, Fast Track Court-III, Bengaluru Rural

District, Bengaluru, in Sessions Case No.232/2010. By the

judgment and order, respondent Nos.1 and 2-accused Nos.1

and 2 were acquitted for the offences punishable under

Sections 376, 354, 114, 120 and 506 read with Section 34 of

IPC.

2. Brief facts of the case is that six months prior to

09.10.2009, accused Nos.1 and 2 conspired to commit rape

on PW.1 – Kumari Asha, aged about 16 years and when the

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prosecutrix, after finishing her coolie work was returning to

her house, accused No.1 all of a sudden came from her back

and covering her face with a towel dragged her to a nearby

eucalyptus garden of one Bylappa and by threatening her

with dire consequences, committed rape. Further, he

threatened her not to disclose the same to anyone, or

otherwise, he will kill her parents. Thereafter, accused Nos.

1 and 2 followed P.W.1 and at the instigation of accused

No.2, accused No.1 committed forcible sexual intercourse.

Further, on 09.10.2009, at about 12:00 noon, when PW.1

had gone to attend nature’s call in the land of one

Hanumantharayappa, at that time, accused Nos.1 and 2 by

holding her tightly and by closing her mouth, committed

rape and threatened her with dire consequences. PW.1

became pregnant due to the act committed by the accused.

On the basis of the complaint lodged by the victim,

case was registered in crime No.869/2009 of Nelamangala

Police Station for the offences punishable under Sections

376, 354, 114, 120 and 506 read with section 34 of IPC.

Investigation was taken up. After completion of the

investigation, charge sheet came to be filed for the offences

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punishable under Sections 376, 354, 114, 120 and 506 read

with section 34 of IPC.

Charges were framed against accused Nos.1 and 2 for

the said offences and when the charges were read over and

explained to accused Nos.1 and 2, they pleaded not guilty

and claimed to be tried. Hence, the matter was fixed for

trial.

In support of its case, the prosecution, in all,

examined 17 witnesses as P.Ws.1 to 17 and produced the

documents as per Exs.P.1 to P.9 and also got marked M.Os.1

to 11. On the side of the defence, no witnesses were got

examined nor any documents got marked.

After hearing the arguments on both sides, the Court

below came to the conclusion that the prosecution failed to

prove any of the charges as against both the accused

persons, beyond all reasonable doubt, and hence, acquitted

both the accused from the said charges.

3. Being aggrieved by the same and challenging the

legality an