JUDGMENT :

1. These two appeals arise out of the judgment and order dated 27.02.2018 in Spl. SCST No.10/2016 on the file of the II Additional District and Sessions and Special Judge at Dharwad. While Criminal Appeal No.100126/2018 is filed by accused No.1 challenging his conviction and sentence of the offence punishable under Section 6 of POCSO Act, 2012, the State has filed Criminal Appeal No.100231/2018 seeking enhancement of the punishment.

2. For the sake of convenience, the appellant in Criminal Appeal No.100126/2018, who is respondent No.1 in Criminal Appeal No.100231/2018 is referred to as “accused No.1” and the State of Karnataka, who is appellant in Criminal Appeal No.100231/2018 and respondent No.1 in the other appeal is referred to as “prosecution”.

3. The allegations against accused Nos.1 to 3 are that the prosecutrix belong to Samagara community and accused Nos.1 to 3 knowing fully well that she belong to the said community coming under the Schedule Caste category, on 11.03.2013 at around 12:30 p.m., while the prosecutrix after completing the SSLC supplementary exam alongwith her friend CW.17 Vaishnavi, accused Nos.1 and 2 came in an autorickshaw and forcibly took the p