- (1.)This appeal by special leave under Art. 136 of the Constitution of India is preferred by the State of Karnataka challenging hejudgment of the High Court of Karnataka rendered in Criminal Appeal No. 413 of 1978.
(2.)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 Ss. 341, 354, 376 and 323, I.P.C. on the allegation that on 3-10-77 at about 2.10p.m. on Nidagod-Heggodmane road at a distance of 2 furlongs away from Nidagod cross, wrongfully restrained the victim girl, who before the trial of the case is said to have committed suicide, and committed rape without her consent by forcibly taking her to the nearby 'ungle which is at a distance of about 40 metres from the road and that during the course of the said offence, the respondent caused hurt to the victim. At the time of the occurrence, the girl was aged about 15 years, studying in IX Standard in Siddavinayaka Girls' High School at Siddapur. As the prosecutrix Palakashi died even before the trial commenced, the prosecution has rested its case only on the evidence of P.Ws. 3, 4 and 6 as well as the evidence of the Medical Officer, P W. 1. Of the witnesses examined, P.Ws. 3 and 6 are the brother and mother of the victim girl.

(3.)It is the evidence of P.W. 4, when he was going from Heg6dm'ane to Siddapur, he heard cries emanating from the right side of the road. He went towards that side and saw the respondent standing there under a tree, raising his underwear (chaddi). P.W. 4 further states that the respondent on seeing him ran away from that place. Then P.W. 4 was told by the prosecutrix that the respondent had spoiled her while she was returning from the school. At the request of the victim girl, P.W. 4 took her to her house.