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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF JULY, 2021

PRESENT

THE HON’BLE MR. JUSTICE R.DEVDAS

AND

THE HON’BLE MS. JUSTICE J.M.KHAZI

Crl.A.No.100311/2017 c/w

Crl.A.No.100008/2018

IN CRL.A.NO.100311/2017

BETWEEN:

NAGAPPA MASTI NAIK,

AGE: 52 YEARS,

R/O HIREDOMMI, MAVALLI, MURUDESHWARA,

TQ.BHATKAL, DIST: UTTARA KANNADA

..APPELLANT/COMPLAINANT

(BY SRI.J.S.SHETTY, ADV.)

AND:

1.

VENKATESH KRISHNA HARIKANTRA,

AGE: 30 YEARS, OCC: FISHERMAN,

R/O HIREDOMMI, MAVALLI, MURUDESHWARA,

TQ.BHATKAL, DIST: UTTARA KANNADA.

RESPONDENT NO.1/ACCUSED

2.

THE STATE OF KARNATAKA,

BY ITS BHATKAL POLICE STATION AUTHORITIES,

REP.BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA, DHARWAD BENCH.

…RESPONDENT NO.2

(BY SRI.RAVIKIRAN MURDESHWAR AND

SRI.VENKATESH M.KHARVI, ADVS. FOR R1,

SRI.V.M.BANAKAR, ADDL.SPP FOR R2)

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THIS APPEAL IS FILED UNDER SECTION 372 OF CR.P.C.

PRAYING THAT THE ORDER OF ACQUITTAL DATED 28.06.2017

PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,

UTTARA KANNADA, KARWAR, IN S.C.NO.32/2011 ACQUTTING THE

FIRST RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER

SECTIONS 376 AND 302 OF IPC MAY KINDLY BE SET ASIDE BY

ALLOWING THE APPEAL AND CONVICTING THE ACCUSED FOR THE

SAID OFFENCE AND IMPOSING PUNISHMENT AGAINST HIM.

IN CRL.A.NO.100008/2018

BETWEEN:

STATE OF KARNATAKA,

REP.BY THE POLICE INSPECTOR,

BHATKAL POLICE STATION, U.K., KARWAR,

THROUGH THE ADDL.STATE PUBLIC PROSECUTOR,

ADVOCATE GENERAL OFFICE,

HIGH COURT OF KARNATAKA, DHARWAD BENCH.

..APPELLANT

(BY SRI.V.M.BANAKAR, ADDL.SPP.)

AND:

VENKATESH KRISHNA HARIKANTRA,

AGE: 30 YEARS, OCC: FISHING,

R/O HIREDOMMI, MURDESHWAR.

…RESPONDENT/ACCUSED

(BY SRI.RAVIKIRAN MURDESHWAR &

SRI.VENKATESH M.KHARVI, ADVS.)

THIS APPEAL IS FILED UNDER SECTION 378(1) & (3) OF

CR.P.C. PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE

JUDGMENT AND ORDER OF ACQUITTAL DATED 28.06.2017 PASSED

BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTARA

KANNADA, KARWAR IN S.C.NO.32/2011; TO SET ASIDE THE

JUDGMENT AND ORDER OF ACQUITTAL DATED 28.06.2017 PASSED

BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTARA

KANNADA, KARWAR IN S.C.NO.32/2011 AND CONVICT THE

RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 376 AND 302 OF IPC.

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THESE APPEALS HAVING BEEN HEARD AND RESERVED ON

13.07.2021 COMING ON FOR PRONOUNCEMENT OF JUDGMENT

THIS DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:

JUDGMENT

R.DEVDAS J.:

These two criminal appeals arise out of the

judgment and order of acquittal passed by the Principal

District and Sessions Judge, Uttara Kannada, Karwar in

S.C.No.32/2011. The appeals are filed by the State of

Karnataka and the complainant (P.W.9) father of the

deceased.

2.

The case of the prosecution is that, on

23.10.2010 at about 8.30 a.m., the daughter of the

complainant by name Yamuna had been to the house of

Mohammad Sadiq Donna for doing household work. The

deceased Yamuna was working as a housemaid in 2-3

houses at Murdeshwar. However, since she did not return

to the house till 3.30 in the afternoon, her mother went

to the house of Mohammad Sadiq and she was informed

that Yamuna did not come for work. The worried parents

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searched for Yamuna at various places. Since the parents

weresearching Yamuna frantically, they thought that they

should continue to search and, if they do not find

Yamuna, they should lodge a complaint the next morning.

However, the next day morning, i.e., on 24.10.2010 at

about 10.00 a.m. two persons came and informed them

that the dead body of Yamuna was found in a shed in the

backyard of the house of Mohammad Sadiq. Immediately,

the parents and relatives of Yamuna rushed to the house

of Mohammad Sadiq and they found Yamuna’s body was

found behind two drums. The parents found from the

scene of occurrence that it was obvious that someone

had committed rape and killed Y