JUDGMENT :

Heard.

2. Aggrieved by the order of conviction and sentence passed against him for the offence punishable under Section 376 of IPC and Section 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘the Act’ for short), the accused in Special C.C.No.597/2014 on the file of LIV Additional City Civil & Sessions Judge, Bengaluru has preferred the above appeal.

3. The appellant was prosecuted in Special C.C.No.597/2014 before the trial Court for the aforesaid offences on the basis of the charge sheet filed by HAL Police, Bengaluru City in Crime No.724/2014 of their police station.

4. The appellant is the father of PW.2 who is aged 13 years. PW.1 is the elder sister of the mother of PW.2. PW.3 is the maternal uncle of PW.2. During September 2014, PW.2’s mother Rukkamma was ailing and bedridden.

5. PW.1 filed the complaint Ex.P.1 before the respondent police alleging that the appellant was alcohol addict and Rukkamma was working to maintain the family. It is further alleged that the house of herself and Rukkamma were close to each other, on 28.09.2014, PW.2 revealed to her that during the night of 27.09.2014, the appellant sexually assaulted her. She