The credibility of the victim's testimony, the need for corroboration, and the presumption of guilt under the POCSO Act were central to the court's decision.

JUDGMENT

B.A.Patil, J. - The appellant was charged and prosecuted for having committed rape on the victim who belongs to Scheduled Caste and Scheduled Tribes. The learned Special Judge for Prohibition of Sexual Harassment to Child, 2012 (hereinafter referred to as 'the POCSO Act', for short) and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act', for short) and also III Addl. District and Sessions Judge, Belagavi by judgment dated 10.08.2016 in S.C.No.84/2015 convicted the accused. The accused is requesting interference of this Court to set aside the same.

2. We have heard the learned counsel Sri.Santosh B. Rahut for the appellant/accused and the learned Addl. SPP Sri. V. M. Banakar.

3. The case of the prosecution in brief is that, the victim was belonging to Scheduled Tribe and was aged about 9 years. On 22.12.2014 at about 3.00 pm, knowing fully well that the victim belongs to Scheduled Tribe community and was a minor, the accused took her to a sugarcane field in R.S. No.3/1 by promising her to give one rupee and thereafter he touched her parts of the body and has also caused scratch injuries over her neck and thereafter he had sexually assaulted her. By hearing the cry, the grand mother went to the field and there she noticed that the victim has been sexually assaulted. The accused by seeing the grand mother of the victim ran away from that place and thereafter they brought the victim to the house and the same was informed to her mother and after hearing the same she filed the complaint. On the basis of the complaint a case has been registered in Crime No.257/2014. Thereafter, after investigation charge sheet has been filed. The Special Court took cognizance and secured the presence of the accused and after hearing charge was framed. Accused pleaded not guilty. He claims to be tried and as such trial was fixed.

4. To prove its case, the prosecution got examined 12 witnesses and got marked 15 documents and 12 material objects. The learned Sessions Judge recorded the statement of the accused by putting incriminating material as against him. He denied the same. After hearing both sides, the trial Court came to the conclusion that the materials produced by the prosecution are sufficient to prove the guilt of the accused and convicted the accused. Challenging the legality and correctness of the same, the accused is before this Court.

5. The main grounds urged by the learned counsel for the appellant/accused are that, the judgment of conviction and sentence is contrary to law, evidence and probabilities of the case. It is his further submission that there is no sufficient material to come to the conclusion that the accused knowing fully well that the victim belongs to Scheduled Tribe had committed sexual act on her. It is his further submission that the evidence of the victim clearly goes to show that she was studying in the school. When the alleged incident is said to have taken place, it was a working day and the victim had also deposed that except lunch hours i.e., at 2.00 O' clock, for rest of the day she will be there in the school. Under these circumstances, the presence of the victim at the sugarcane field and the accused committing rape on her is over ruled. It is his further submission that the independent witnesses who have been examined for having seen the accused along with the victim in the field have not supported the case of the prosecution. Under these circumstances, the evidence of other witnesses is not going to give any strength to the case of the prosecution. It is his further submission that PW2 is also a witness who has seen the accused committing the rape on the victim. But in her cross-examination, she has admitted the fact that, on gagging the mouth, the victim would not be in a position to make hue and cry. If that being the circumstance, then the question of PW2 hearing the screaming voice of the victim and thereafter she being proceeding