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2022 Supreme(Kar) 449

SURAJ GOVINDARAJ, G. BASAVARAJA
State of Karnataka, Rep. by the Police Inspector, Yallapur Police Station, Through the Addl. State Public Prosecutor – Appellant
Versus
Basavraj S/o. Yellappa Madar – Respondent


Advocates Appeared:
For the Petitioner: Sri. V.M. Banakar, Addl. SPP.
For the Respondent: Sri. Raja Raghavendra Naik.

JUDGMENT :

1. The State is in appeal being aggrieved by the judgment of acquittal passed by the Special Judge, Uttara Kannada, Karwar, in Special Case No.18/2016 dated 03.01.2020.

2. The facts of the case are:

2.1. It is alleged that the complainant – the mother of the victim was residing at Indira Nagar, Kirvatti, Yallapur Taluk with her husband and two daughters. The accused was their neighbour.

2.2. The victim being aged about 17 years studying in II PUC in Government College, Kirvatti, on 26.12.2015 at about 9.00 am the victim left for college but did not return, the complainant and her family members searched for her everywhere, but did not find her.

2.3. It is in that background, that a complaint was lodged with the Yellapur Police Station as regards the missing girl in furtherance of which a case in Crime No.305/2015 was registered and taken up for investigation.

2.4. After investigation was complete, the Police Inspector, Yellapur Circle, Yellapur, laid a charge sheet against the accused for the offences punishable under Sections 366, 376(2)(j) of the IPC and Sections 5(1) and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Ac

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