JUDGMENT :

K. SOMASHEKAR, J.

1. In this appeal challenging the judgment of acquittal rendered by the II Addl. District and Sessions Judge, Chitradurga in Spl. Case (POCSO) No. 11/2015 dated 28.04.2016 acquitting the accused for the offences punishable under Sections 340, 363, 376, 506 of IPC besides Sections 4 and 12 of POCSO Act, 2012. In this appeal seeking intervention by consideration of the grounds urged therein and reversal of the acquittal judgment rendered by the trial Court and to convict the accused for the offences for which leveled against them.

2. Heard learned HCGP for State and learned counsel Sri B.M. Siddappa for respondent No. 1 and learned counsel Sri N. Srinivasa for respondent Nos. 2 and 3. Though respondent No. 4 is served, but remained unrepresented. Perused the judgment of acquittal rendered by the trial Court.

3. The factual matrix of the appeal is as under:

It is transpired in the case of the prosecution that on 26.02.2015 at around 7 p.m. when the victim girl went to field to attend her nature call near Lake of Lakshmisagara village and while returning home, accused No. 1 forcibly took her to the land bearing Sy. No. 60 belonging to his mother Deviramma. He made the victim girl captive in the land whole night and threatened her saying that she will face dire consequences and committed rape on the victim.

4. It is further alleged that on 27.02.2015 accused No. 1 took her in an auto rickshaw to NH-4 from the scene of crime and from there he took her in a TATA Ace vehicle bearing Regn. No. KA-16-B-5077 belonging to accused No. 2 along with accused No. 3. Accused Nos.1 to 3 went in the said vehicle from Vijapura through Kurubarahatti and came to Malappanahatti. They left the victim there and went away by extending life threat to her saying that if she discloses the incident to anyone, she would face dire consequences. After the accused persons left the victim girl in the said place, she went to her aunt’s house nearby the vicinity and informed about the said incident and in turn her aunt informed to her father. Before she could be traced at her aunt’s house, the father of victim lodged a complaint before the police stating that his daughter is missing since 26.02.2015 at around 7 p.m. from his home. The police accompanied with him to bring the victim girl to her native place alleging that she was traced at her aunt’s house. The police authorities have recorded the statement of victim girl on 28.02.2015 and the investigating officer took up the case for investigation and thoroughly investigation was done based upon the complaint at Ex.P9 and so also, the FIR said to have been recorded by the police in respect of the offences which lugged against the accused persons. Subsequent to thorough investigation done by the investigating agency, charge sheet came to be laid against the accused persons before the Court having jurisdiction to deal with the matter.

5. Subsequent to laying of the charge sheet by the investigating authority, the accused persons were secured to facing of trial. Thereafter complied the stipulated condition as per Section 207 of Cr.P.C. relating to furnishing charge sheet materials to the accused. Subsequently, the charges were framed against the accused based upon the charge sheet materials and found that there are some prima-facie materials against the accused relating to the offences under Indian Penal Code, 1860 and so also, offence under the provisions of POCSO Act. The accused did not pleaded guilty but claimed to be tried. Accordingly, the plea of the accused was recorded separately. Subsequently, the prosecution let in evidence by subjecting to examination in all PWs. 1 to 26 and got marked several documents as per Exs.P1 to P28 and so also, got marked M.O.1 to 11 which included in PF No. 55/2015.

6. Subsequent to closure of evidence on the part of the prosecution, the accused persons were subjected to examination as contemplated under Section 313 of Cr.P.C. regarding the incriminating evi