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2022 Supreme(Kar) 335

B. M. SHYAM PRASAD, G. BASAVARAJA
State Of Karnataka – Appellant
Versus
Mathru Sateri Gurav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. V.M.BANAKAR, ADDL. SPP
For the Respondent:MISS.VAISHALI K KALADAGI., ADVOCATE

JUDGMENT :

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 03/03/2020 passed by the Learned III Addl. District and Sessions Judge, Belagavi in S.C. No.157/2018 for the offence punishable under Section 376 of Indian Penal Code(for Short ‘IPC’) and Sections. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the ‘POCSO Act’), the appellant-State of Karnataka has preferred this appeal to grant leave to appeal as provided under Section 378(1) (3) of the Code of Criminal Procedure (for short ‘Cr.P.C’) interalia challenging the judgment and order of acquittal in favour of the respondent-accused.

2. The facts as per prosecution case are that the complainant and the victim are permanent residents of Jainkoppa village of Khanapur taluka. The young girl came home on January 5, 2018, at around 17.30, left her school bag there, and then proceeded to play with her friends near her school. The accused respondent called the victim girl by making hand motions while she was playing with her friends in Anganawadi ground. When she came there, the accused threatened CWs.14 to 17 and made them flee away before taking the victim girl away

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