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2020 Supreme(Kar) 860

B.A.PATIL, M.G.UMA
Imamsab – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Srinand A Pachhapure, Advocate, V.M. Banakar, Advocate

JUDGMENT

B.A.Patil, J. - Heard the learned counsel Sri.Srinand A. Pachhapure for the appellant accused and the learned Additional S.P.P. Sri.V.M.Banakar for the respondent State.

2. Though this case is listed for admission and for hearing on I.A. No.2/2020, with the consent of learned counsels appearing for the parties, the same is taken up for final disposal.

3. This appeal has been preferred by the appellant accused challenging the legality and correctness of the judgment of conviction and order of sentence passed by the learned I Additional District and Sessions Judge and Special Judge, Haveri in Special S.C./S.T. C. No.31/2017 dated 08.01.2020 whereunder the appellant accused was convicted for the offence punishable under Section 376(2)(i) of the Indian Penal Code (hereinafter referred to as IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as POCSO Act).

4. The factual matrix of the case as alleged in the case of the prosecution are that on 30.04.2017 at about 09:00 a.m., the minor victim went to Agadi Thota along with her brother to pluck the cashew fruits. Accused was working in the said Agadi Thota, stopped the victim a

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