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 investiga