As the prosecutrix Palakashi died even before the trial companymenced, the prosecution has rested its case only on the evidence of PWs 3, 4 and 6 as well as the evidence of the Medical Officer, PW 1.
PW 1, the Medical Officer examined the victim and opined that the girl might have been raped by vulvae penetration if number by forceful penetration in which case there would have been rupture of hymen.
It is the evidence of PW 4, when he was going from Hegodmane to Siddapur, he heard cries emanating from the right side of the road.
At the time of the occurrence, the girl was aged about 15 years, studying in IX Standard in Siddavinayaka Girls High School at Siddapur.
In respect of the offences under Sections 376 and 354, the respondent was acquitted.
On the basis of the companyplaint, a case was registered in Crime No.
After companypleting the investigation, the chargesheet was filed.
Of the witnesses examined, PWs 3 and 6 are the brother and mother of the victim girl.
The admits that he has number mentioned in Exh.
He went towards that side and saw the respondent standing there under a tree, raising his underwear chaddi .
The Microscopic and chemical tests were negative and that there was numberdetection of semen or spermatozoa in the two slides of vaginal smear and two slides of urethral smear.
On examination of the respondent accused, the medical officer, PW 1 has stated There was numberblood stains number any hair was seen on the penis.
At about 9.30 p.m. both the respondent and the victim were simultaneously sent for medical examination.
202 of 1977.
PW 1 sent vaginal smear taken from the victim and the urethral smear taken from the respondent for microscopic examination.
No discharge was seen.
413 of 1978.
P 2 that he found any symptom proving the companymission of sexual intercourse having been companymitted by the respondent.
The pubic hair were number matted.
PW 4 further states that the respondent on seeing him ran away from that place.
The case of the respondent was one of denial.
It is the evidence of PWs 3 and 6 that the prosecutrix told both of them that the respondent had spoiled her while she was companying from the school by forcibly taking her inside the jungle.
He seized his underwear, pen knife and handkerchief marked as MOs 4, 1 and 6 respectively.
In respect of this incident, PW 3 made a companyplaint at Siddapur Police Station.
Fourchette was intact There was numberswelling.
The garments of both the victim and the respondent were also sent for chemical test.
On the same day, the respondent was arrested near Nidagod bus stand.
At the request of the victim girl, PW 4 took her to her house.
Feeling aggrieved by the judgment of the trial Court, the State preferred an appeal before the High Court which agreed with the companyclusion of the trial Court holding, In regard to the offences under Sections 354 and 376, the accused is entitled to the benefit of doubt.
There was small amount of smegma on the dorsal side of posterior l/4th glands.
PW 8 took up the investigation.
Then PW 4 was told by the prosecutrix that the respondent had spoiled her while she was returning from the school.
The brief facts giving rise to this appeal are as follows The Respondent, Mahabaleshwar Gourya Naik who was aged about 18 years at the time of alleged incident was tried for an offence punishable under Sections 341, 354, 376 and 323 IPC on the allegation that on 3.10.77 at about 2.10 p.m. on Nidagod Heggodmane road at a distance of 2 furlongs away from Nidgod cross, wrongfully restrained the victim girl, who before the trial of the case is said to have companymitted suicide, and companymitted rape without her companysent by forcibly taking her to the nearby jungle which is at a distance of about 40 metres from the road and that during the companyrse of the said offence, the respondent caused hurt to the victim.
He, after seizing certain articles from the scene of the occurrence and examining the victim and the others, sent the victim girl for medical examination.
However, he gives the following symptoms as having been found on the person of the victim Hymen was intact.
No bleeding or dried blood mark was seen.
Ratnavel Pandian, J. This appeal by special leave under Article 136 of the Constitution of India is preferred by the State of Karnataka challenging the judgment of the High Court of Karnataka rendered in Criminal Appeal No.
