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2019 Supreme(Kar) 1498

BELLUNKE A.S.
Bhudramsing Balesing – Appellant
Versus
State of Karnataka By Haliyal Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri S.L.Matti, Advocate.
For the Respondent: Sri R.Ravindra Naik, HCGP

JUDGMENT :

1. This is an appeal filed by the accused person against the judgment of conviction and sentence passed by the learned Special Judge, Uttara Kannada, Karwar, dated 13.07.2017 in S.C.No.20/2015 for the offences punishable under Sections 376 and 366 of the Indian Penal Code (hereinafter referred to as “IPC” for short) read with Section 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO the Act” for short).

2. The brief facts for purpose of appeal are as under:

    According to complainant, on 13.08.2012 at 7.30 a.m. when the victim had gone to wash her clothes, this accused followed her. He induced the victim to marry him and thereby he forcibly committed sexual assault on her. On 24.12.2012 also he took her to Kelgeri village in Dharwad taluk. Therefore the parents of the victim had filed a complaint before the jurisdictional police on 03.01.2013. Accordingly, Crime No.3/2013 was registered against the accused for the alleged offences. Accused was arrested during the course of the investigation. After investigation of the case, the police have filed the charge sheet against the accused for the offences punishable under S

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