The prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the case.

JUDGMENT :

M.G.UMA J.

The State is in appeal impugning the judgment of acquittal dtd. 19/9/2015 passed in Spl.Case No.369 of 2013 on the file of III Additional Sessions Judge and Special Court for trial of cases under SC/ST (POA) Act, 1989 at Tumakuru (hereinafter referred to as 'the Trial Court'), acquitting the accused for the offences punishable under Ss. 366A, 342, 376 and 343 of Indian Penal Code (for short 'the IPC') and under Sec. 4 of the Protection of Children from Sexual Offences Act (for short 'the POCSO Act').

2. Brief facts of the case are that, PW1 lodged the first information against the accused as per Ex.P1 dtd. 10/10/2013 stating that the victim is his daughter and she had not returned from the college from 5/10/2013. Even though he searched her for 4 to 5 days, he could not trace her whereabouts. On the other hand, he learnt that the accused had forcibly kidnapped her. The victim was born on 4/11/1997 and aged 15 years 11 months. Therefore, he requested the police to register the case against the accused and to trace the victim. On the basis of this first information, FIR as per Ex.P17 was registered for the offence punishable under Sec. 366A of IPC and the investigation was undertaken. During investigation, it was found that the accused forcibly kidnapped, wrongfully confined the minor girl, married against her will and committed forcible sexual assault. Therefore, the charge sheet came to be filed.

3. The accused who appeared before the Trial Court pleaded not guilty for the charges leveled against him and claimed to be tried. The prosecution examined 15 witnesses, got marked 19 documents and identified 13 material objects in support of its contention. The accused has denied all the incriminating materials available on record in his statement recorded under Sec. 313 of Cr.P.C., but has not chosen to lead any evidence in support of his defence. However, Ex.D1 came to be marked during cross examination of PW2. The Trial Court on the basis of these materials on record came to the conclusion that the prosecution is not successful in proving the guilt of the accused beyond reasonable doubt. Therefore, the accused was acquitted as per the impugned judgment passed by the Trial Court. Being aggrieved by the same, the State has preferred this appeal on various grounds.

4. We have heard the learned counsel for the parties.

5. Sri.Vijaykumar Majage, learned Additional State Public Prosecutor in support of his contention contended that the impugned judgment of acquittal passed by the Trial Court is perverse and illegal. The Trial Court has not appreciated the oral and documentary evidence placed before it in a proper perspective. Ex.P1 - the first information lodged by PW1 at initial stage is not corroborated by the evidence of PW1-the informant and PW2 who is the victim. He further contended that The Trial Court has ignored the evidence of the material witnesses and also the circumstantial evidence placed before the Court, including the medical evidence. When the prosecution is successful in proving the guilt of the accused beyond reasonable doubt, the Trial Court should have convicted him for the above said offences. There is absolutely no reason as to why the evidence of the victim girl has to be disbelieved by the Trial Court. The impugned judgment is not a reasoned one and it calls for interference by this Court. Hence, he prays for allowing the appeal by setting aside the impugned judgment of acquittal passed by the Trial Court and to convict the accused for the above said offences.

6. Per Contra, Sri.V Karthik Yadav, learned counsel representing the respondent-accused contended that the Trial Court has properly appreciated the oral and documentary evidence placed before it and has arrived at a right conclusion in acquitting the accused. There is absolutely no material to prove the age of the victim to contend that she is still a minor. Except the interested testimony of PW2, there is absolutely no material to connect t