JUDGMENT :

Rajendra Badamikar, J.

The State has filed this appeal under Section 378(1) & (3) of Cr.P.C. challenging the judgment of acquittal dated 03.02.2017 passed by the III Additional District and Sessions Judge & Special Judge (POCSO Act), Belagavi in S.C.No.199/2015.

2. For the sake of convenience, parties shall be referred with the original ranks occupied by them before the trial court.

3. The brief factual matrix leading to the case are as under :

Accused is the father of the victim/complainant and they are residing in Laxmi Nagar bearing House No.1286/A, Belagavi. That the accused being the father of the victim girl aged about 14 years and knowing fully well that she is minor had committed forcible sexual assault on her since about 9 months and also on 19.05.2015 by wrongfully confining her in the house had forcible sexual act against the victim girl. When the victim girl had been to the house of her maternal grandmother, the accused went there to secure her and at that time, the victim girl refused to go with the accused and disclosed the fact of sexual assault by the accused. It is further case of the prosecution that mother of the victim girl i.e., wife of the accused is dea