JUDGMENT :

1. This appeal is preferred against the judgment and order of conviction and sentence passed by the Court of III Addl. District and Sessions Judge and Special Court under POCSO Act, 2012, at Belagavi in SC No.14/2017, convicting and sentencing the accused/appellant for the offence punishable under Sections 376 and 506 of IPC and Sections 4 and 6 of POCSO Act.

2. I have heard the learned counsel Sri. Ashok R Kalyanshetty appearing for the appellant and Sri. V.S. Kalasurmath, learned HCGP for the respondent-St ate and perused the material on record.

3. Brief facts of the prosecution case are that the complainant/PW1 was residing at No.S9, Guruprasad Apartment, Belagavi along with her 2nd husband i.e. the accused and her children namely CW6(PW3) and CW7 born to her from her first husband. PW3/victim girl is a minor aged about 15 years. On 16.8.2016 at about 4 p.m., the complainant and her elder daughter had gone to hospital and PW3 was alone in the house. At about 4.30 p.m., the accused inspite of knowing that the victim is a minor and he is her step father, dragged her to the bedroom and committed forcible penetrative sexual assault on her and threatened her saying that if sh