Arijit Pasayat, J. - (1.) State of Karnataka is in appeal against the judgment of the learned Single Judge of the Karnataka High Court directing acquittal of the respondents who were charged for commission of offence punishable under Section 376 of the Indian Penal Code (in short the Rs. IPC).
(2.) Background facts as projected by prosecution in a nutshell are as follows: P.W.1 and PW2 were residing alongwith their respective parents at Madenadu and they were working as coolies in the coffee estate of Pudiyenda Palangappa, Appellant No.2 (accused No. 2) is a tailor by profession having his tailoring shop at Aatekere, On 16-9-1989 at about 9.00 a.m., PWs, 1 & 2 went to the tailoring shop of A-2 and requested him to stitch their blouses. At that time they gave two blouses of theirs for the purpose of measurement along with new clothes. It is alleged that A-2 asked them to come on the following day to take delivery of the blouses if they were stitched. Accordingly, on 17.9.1989 they both went to the tailoring shop to take delivery of the clothes when A-2 informed them that the stitching was not over, upon which both of them asked him to return the blouses given for measurement. In response to that, A-2 asked them to go to his house as the blouses were left in his house. Accordingly, both of them accompanied by A- 1 & A-2 went to the house which was nearby. A-1 & A-2 went inside the house and as they did not come out of the house for about 15 minutes, both PWs. 1 & 2 who were waiting outside entered the house. As soon as they entered the house, A-2 bolted the door and held P.W.2 and A-1 also held PW-l. They were taken to separate rooms and A-1 committed rape on P.W.1 and A-2 committed rape on PW2, Thereafter, they threatened both of them that they would be murdered if the incident was revealed to anyone, Therefore, they kept quiet, On18-9-1989 they went to Madikeri to the house of Chandrakala (P.W.14). Having stayed in the house of Chandrakala on that night, they went to Sulia to the house of the uncle of P.W.2. As the PWs 1 & 2 were not found in their houses, parents of PWs. 1 & 2 sent Seshappa (PW17) who is the elder brother of PW 2 to his maternal uncles house at Sulia. Accordingly, he went to the house at Sulia and found both of them and brought them back to Madenadu, Thereafter, they went to Madikeri Rural Police Station on 21- 9-1989 and presented a written complaint Ex-P-l signed by P.W.1 which was received by P.W.26 at 6.45 p.m. On that day, PW 26 registered a case in Madikeri Rural Police Station in Cr, No.233/89 and submitted FIR as per Ex-P.33. On the next day he sent them for medical examination to the District Hospital, Madikeri. PWs. 1 & 2 also produced clothes which they were wearing at the time of incident which were seized. P.W.26 went to the scene of occurrence which is the house of A-2 where the alleged rape was committed on PWs. 1 & 2, He drew up mahazar Ex-P4 in the house of PW2 in the presence of panchas and seized broken bangles MOs. 8 & 9, He also drew mahazar in the shop of A-2 as per Ex-P3 and seized the clothes given for stitching by PWs. 1 & 2. On 23-9-1989 A-1 was arrested. PW-26 recorded the statement of A-1 who led them to his house where he drew a mahazar as per Ex-P.33. Thereafter, further investigation was taken up by P.W.24, the Circle Inspector of Police. On 13-11-1989 A-2 appeared before him with order of anticipatory bail. His statement was recorded after arresting him. He also produced clothes that he was wearing at the time of incident from his house which were seized as per Ex-P.29. Both A-1 & A-2 were subjected to medical examination, Dr. G. Marulasiddappa (P.W 25) issued certificate of A-1 as per Ex-P.27 and Dr. Suryakumar (PW-3) issued certificate of A-2 as per Ex P.6. After receipt of the FSL report, he filed a charge sheet. Thereafter, the case was committed to the Court of Sessions, as the offence alleged against these accused persons is in respect of offence punishable under Section 376 exclusively triable by the Court of Sessions. On receipt of this committal order, the Court of Sessions, Kodagu District, registered a case (S.C. No.45/90) and framed charges against the accused for the offence punishable under Sec. 376 IPC, and both the appellants denied the charges and claimed to be tried. To substantiate the case of the prosecution, it examined 27 witnesses and got marked Exs-P1 to P.34 and also MOs. 1 to 24.
(3.) The case of the respondents was that in view of some property dispute, PWs. l & 2 filed a false case against them and they are innocent.;