STATE OF KARNATAKA Vs. S. RAJU

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal passed in S.C.No.68/2012 dated 5.3.2013 on the file of Principal Sessions Judge at Chikmagalur for the offence punishable under Section 376 of Indian Penal Code.

(2.) Brief facts of the prosecution case are:

(3.) The grounds urged in the appeal memo are that, the Court below has failed to consider both oral and documentary evidence available on record, which has resulted in miscarriage of justice. The victim has been examined as P.W.2 and P.Ws.3 and 4 are the neighbours who immediately after the incident saw the victim and gathered factual information and proceeded along with the victim to the place where her mother was working and informed the same to P.W.1. The evidence of P.Ws.1 to 4 is consistent with regard to the act of the accused and also the circumstances under which they gathered the information. The prosecution also relied upon the evidence of P.W.6, Head Master of the school who issued the certificate to establish the fact that victim was a minor and the same is not disputed. The Court below has given more importance to the evidence of P.Ws.9 and 10 who are the medical officers and only on the ground that medical evidence does not corroborate the case of the prosecution, has committed an error in acquitting the accused. The reasons assigned in the judgment of acquittal are against the material on record. The Court below while evaluating the evidence of prosecutrix and coming to the conclusion that prosecution has not proved the charge beyond all reasonable doubt should have taken into consideration the minority of the victim. Even though there has been no need of any medical evidence for corroboration, the Court below has committed an error in acquitting the accused.