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2020 Supreme(Kar) 604

B.A.PATIL, M.G.UMA
Doula S/o Hussain Sab – Appellant
Versus
State A by The Deputy Superintendent of Police, Hampi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Sunitha P Kalasoor, Adv.
For the Respondent: Sri. Shivaprabhu Hiremath, AGA

JUDGMENT :

M.G. UMA, J.

Heard the learned Advocate for the appellant Smt.Sunitha P.Kalsoor and learned Additional Government Advocate Sri. Shivaprabhu Hiremath for the State.

2. The appellant who is the 1st accused in S.C.106/2014 has preferred this appeal aggrieved by the impugned judgment of conviction dated 19/1/2016 and order of sentence dated 21/1/2016 passed by the I Additional District and Session Judge, Ballari, (for short, referred to as “the trial Court”), holding him guilty of the offences punishable under Sections 366-A, 506 and 376 r/w Section 34 of IPC, Sections 4 and 6 of Protection of Children from Sexual Offence Act, 2012 (for short, referred to as “the POCSO Act”) and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, referred to as “the SC/ST Act”), while acquitting accused No.2 and 3.

3. The case of the prosecution in brief is that the informant Smt.Kamala belonging to valmiki Community runs a tea stall at M.D.Camp, Kampli and her daughter aged 15 years studies in 9th standard in the Govt. Girls School. On 2/4/2014, the daughter left the house saying that she is going to Doddi but did not return. Informant's s

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