JUDGMENT :

N. K. SUDHINDRARAO, J.

1. This appeal by the appellant/accused is directed against the judgment of conviction dated 09-01-2017 and order of sentence dated 10.01.2017, passed by the VI Additional District and Special Judge, Mysuru, in S.C.No.112/2016, convicting the appellant/ accused for the offence punishable under Section 354-A of IPC and under Section 9(m) read with 10 of POCSO Act, and sentencing him to undergo simple imprisonment for a period of 05 years with fine of Rs.1,000/-, in default of payment of said fine, he shall undergo simple imprisonment for one month for the offence punishable under Section 9(m) read with 10 of POCSO Act, 2012.

2. The appellant herein is the accused before the Special Court in SC NO.112/2016. He was tried for the offence punishable under Section 354-A of IPC and under Section 9(m) read with 10 of POCSO Act. The learned Special Judge on conclusion of the trial held him guilty of the offences punishable under Section 354-A of IPC and under Section 9(m) read with 10 of POCSO Act.

3. The accused is in judicial custody being arrested on 29.1.2016 continued to be so till the pronouncement of conviction and sentence by the Special Judge and thereaft4er, by virtue of sentencing him of simple imprisonment for 05 years, he is serving sentence at present.

4. In order to avoid confusion and overlapping, the parties hereinafter are referred to with reference to their rankings as held by them before the special court.

5. The complainant is the mother of the victim. A criminal case came to be registered against the appellant/accused in Crime No.14/2016 for the offences punishable under Section 354, 354-A of IPC and under Section 9(m), 10 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act).

6. The substance of the complaint which is lodged on 28.1.2016 by the complainant are as under: The complainant is the mother of the victim. It is stated that she is having two children. One male and one female. Elder one is female child, aged about 09 years, namely 'RRR' and younger one is a male child aged 5 years. As usual, she took children to the school in the morning. It was at about 9.15 a.m., she left the children near the gate. By that time, accused who was coming from the opposite direction, hugged the daughter of the complainant and kissed her several times and also bite her lips. He did not leave the child, despite pushing and complainant went and hit him two to three times to retrieve the victim. By that time, Rahim Pasha and Mohamad Aseef came and held the accused, hit him with hands and retrieved the girl. Then she secured her husband who was working in Afrath Hotel, the complaint was lodged and the case was registered against the accused.

7. The learned Special Judge, framed the charges for the offences punishable under Sections 354, 354-A and 9(m) read with Section 10 of POCSO Act. Accused pleaded not guilty.

8. The learned Special Judge was accommodated with the oral evidence of PWs 1 to 6 and documentary evidence of Exs.P1 to P7.

9. After the closure of evidence and hearing both sides, the learned Special Judge passed the judgment holding the accused guilty and sentenced him to undergo simple imprisonment for a period of five years as stated above.

10. Learned counsel Sri. Suresh H.S., for the appellant/accused submits that the accused is from Maharastra and has nervous character. He would further submit that the child victim was like daughter to the accused and he never had mind to outrage her modesty or any sexual feeling nor involved in any act with sexual feeling or intention. Learned counsel would further submit that there are no corroboration between the complaint and the evidence of the complainant and the victim. Thus, stresses on his submission and submits that accused is entitled for an acquittal.

11. Sri. Vijaya Kumar Majage, learned Additional SPP for respondent would submit that the victim in the case is a child and was 09 years as on the date of the commission