STATE BY NEW TOWN POLICE Vs. ARMUGAM

JUDGEMENT

(1.) This is an appeal by the State against the order of acquittal passed by the Addl. Sessions Judge and special Judge at Shimoga in Special (A) Case No.6/10 dated 30.7.201 By the impugned judgment, the trial Judge has acquitted accused No.1 of the offences punishable under section 376 and 323 of Indian Penal Code and section 3(i)(x) and 3(i)(xii) of SC/ST (PA) Act 1989 and accused Nos.2 and 3 are acquitted of the offences punishable under section 323 r/w. section 34 Indian Penal Code and under section 3(1)(x) of SC/St (PA) Act 1989.

(2.) The facts leading to the appeal are as follows:

(3.) Based on this complaint, PW.16 the PSI of Bhadravathi Rural Police Station registered a case against accused No.1 and others and forwarded the FIR to the court. The further investigation was continued by PW.18 - the Dy.S.P., Bhadravathi who proceeded to the spot of occurrence, conducted the spot mahazar and sent the injured Hanumantharaju - PW.4 and the victim - PW.2 for medical examination. On the same day, he arrested accused No.1 and he was also sent for medical examination to the Government hospital, Bhadravathi. In the course of the investigation, he recorded the statement of the material witnesses, sent the seized clothes of the victim and accused No.1 for chemical examination and on receipt of the medial opinion and the FSL report, laid a charge sheet against all the respondents herein arraigning them as accused Nos.1, 2 and 3 respectively.