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The unsuccessful State Government/prosecution has filed the present appeal against the judgment and order of acquittal of the accused for the offences punishable under Sections 366A, 342 and 376 of IPC.

2. The factual matrix of the case is as under:

It is the case of the prosecution that on 13.04.2009 in the morning at 10.00 a.m. CW-2, the prosecutrix had gone from her house to the house of CW-5, to see him and his family situated at Cholurpalya, Magadi Road. After visiting them, while coming back to her house along with CW-4 Divya, near City Railway Station at 3.30 p.m., the accused stopped the prosecutrix and with an intention to induce her to have sexual intercourse with him, knowing that prosecutrix is a minor girl, stated that even though he is working as a driver, he has got more properties at Shivamogga and he would look after her luxuriously and induced her to accompany him, when the prosecutrix did not heed to the demand of the accused, he threatened her with dire consequences and kidnapped her in a KSRTC Bus to Haveri and Byadgi and kept the prosecutrix unlawfully in the house of CW-17 Smt.Lalithamma. On 19.04.2009 in the limits of Byadgi Police Station at Sibara temple situated at Kakolu Road, the accused has tied mangalasuthra to the prosecutrix and took her home and forcibly committed rape on her against her will.

5. After completion of the evidence on the prosecution side, the statement of the accused under Section 313 of the Code of Criminal Procedure has been recorded and he has denied all the incriminating circumstantial evidence appeared against him in the prosecution evidence.

6. Though, the defence has not adduced evidence, but marked the documents - Exs.D1 and D2.

7. The learned Sessions Judge considering both oral and documentary evidence on record, has recorded the finding that the prosecution failed to prove beyond all reasonable doubt that on 13.04.2009 at 3.30 p.m., near City Railway Station, the accused restrained the prosecutrix, knowing that prosecutrix is a minor girl, with an intention to induce her to have sexual intercourse with him, stated that even though he is working as a driver, he has got more properties at Shivamogga and he would look after her luxuriously and induced her to accompany him, when the prosecutrix did not heed to the demand of the accused, he threatened her with dire consequences and kidnapped her in a KSRTC Bus to Haveri and Byadgi and thereby, the accused has committed an offence punishable under Section 336A of IPC.

8. The Sessions Judge further held that the prosecution has failed to prove beyond all reasonable doubt that on the above date, time and place, after kidnapping the prosecutrix, the accused took her to Haveri and Byadgi and wrongfully confined her in the house of CW-17 Smt.Lalithamma and thereby, the accused has committed an offence punishable under Section 342 of IPC.

9. The Sessions Judge further held that the prosecution has failed to prove beyond all reasonable doubt that on the above date, time and place, after kidnapping the prosecutrix from Bengaluru to Haveri and Byadgi, the accused wrongfully confined her in the house of CW-17 Smt.Lalithamma and on 19.04.2009, he tied mangalsuthra to the prosecutrix near Sibara temple at Byadgi and took the prosecutrix to the house of CW-17 and forcibly committed rape on her against her will and thereby, the accused has committed an offence punishable under Section 376 of IPC.

19. We have given our thoughtful consideration to the arguments advanced by the learned counsel for the parties and perused the entire material including the original records carefully.

20. In order to appreciate the judgment and order of acquittal passed by the Sessions Court, we would like to consider the evidence of the prosecution witnesses and the material documents of the parties to the lis.

21. PW.1-S.Shobha, who is the mother of the victim-PW.2 has deposed that she knows the accused- Chetan. The accused used to take her daughter to the School in Omni van. She knew the accused through her daughter. The accused was also close to her daughter. She has instructed the accused not to develop close friendship with her daughter; in that regard, for sometime, the accused has not talked to her daughter. After some days, the accused has left all the students to their house and then, he has taken her daughter to his sister's house to Bilekahalli. His sister has abused the accused and brought her daughter to their house. Then the accused has left the driving work in Omni vehicle. They have sent her daughter to the school regularly. The accused has come near the school of her daughter and he has taken her daughter to Shivamogga; in that regard, she has lodged a missing complaint. When the accused has taken her daughter to Shivamogga, her daughter has refused to go along with the accused. The accused has threatened her daughter and threatened to kill her entire family members, if she has not accompanied him. The accused has kept her daughter in his friend's house; then he has left her daughter near Shivamogga Police Station and given Rs.100/- to her. The Police have registered a missing complaint; then her daughter was not attending to the School and taken examination by studying in the house. On 13.04.2009, her daughter has gone to her uncle's house along with one Divya. At 3.30 p.m. when they were returning to the house near Majestic KSRTC bus-stand, the accused and his friends came on the way and asked the victim girl to come along with him, otherwise they would kidnap her and he has threatened her daughter; and then the accused has taken her daughter to Shivamogga and Haveri and kept for two days, then he has kept her daughter in Kummur and then he has taken her daughter to Byadgi. On 19.05.2009 at Chamundeshwari temple at Byadgi, he has forcibly married her daughter and then the accused has taken a house in the said village. When his daughter has refused for sexual intercourse, he has forcibly committed rape against her will.