The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumstance.

JUDGMENT :

Heard the learned counsel for the appellant and the learned High Court Government Pleader for the respondent – State and perused the records.

2. The accused, who has suffered an order of conviction in Special Case (POCSO) No.21/2014 on the file of II Additional Sessions Judge, Kalaburagi vide judgment dated 11.12.2015 has preferred this appeal.

3. Brief facts of the case are as under:

A complaint came to be lodged by the victim girl with Malkhed police station on 14.03.2014 against the accused, which was registered in Crime No.31/2014 for the offences punishable under Sections 450 and 376 of the Indian Penal Code, 1860 (for short 'IPC') and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). In the complaint, it is contended that the victim girl was studying in 4th Standard and her parents have five daughters and she is the 3rd daughter. Her mother is a vegetable vendor and after completing her business, she comes late in the night and therefore, without locking the door from inside, the daughters used to sleep in the house. On 13.03.2014, as usual, the victim girl and her sisters after finishing the dinner closed the door without locking it from inside and had gone to sleep. At about 11.00 p.m., she got up from the sleep as she felt that somebody is pulling her clothes. When she got up, she found that it was the accused who was pulling her clothes. She resisted for the same, but, the accused gagged her mouth and committed forcible sexual intercourse with her. She tried to escape away from his clutches and ultimately, she raised alarm. At that juncture, her elder sister Bhimabai got up. On seeing her, the accused left her and ran away from the scene of offence. She immediately revealed the entire incident to her elder sister and her elder sister said that she will take necessary action after her mother arrives. On 14.03.2014 at about 7.00 a.m., her mother returned to the house and the victim girl and elder sister intimated the incident to their mother. Thereafter, they visited the police station around 10.00 a.m. and lodged the complaint seeking action against the accused/appellant.

4. The police after registering the case, thoroughly investigated the matter and filed charge sheet against the accused for the aforesaid offences. During the course of investigation, the accused was arrested on 14.03.2014 and was sent to judicial custody. The learned Special Judge on receipt of the charge sheet, took cognizance of the aforesaid offences and secured the presence of the accused and framed charges. The accused pleaded not guilty and as such, trial was held.

5. In order to prove the case of the prosecution, prosecution examined in all 19 witnesses as PWs.1 to 19. PW.5 is the victim girl and PW.7 is the elder sister of the victim girl, who has seen the accused on the date of the incident. PW.6 is the mother of the victim girl. The prosecution also relied on 13 documentary evidence, which were exhibited and marked as Exs.P1 to P13. The clothes worn by the victim girl as well as the accused are seized during the investigation and they were sent for FSL examination and they were marked before the Court as MOs.1 to 6.

6. On conclusion of the prosecution evidence, the accused statement as contemplated under Section 313 of Cr.P.C was recorded. The accused denied all the incriminatory materials found against him in the prosecution evidence. However, accused did not chose to place his version on record by examining himself or filed any written submissions on record as is contemplated under Section 313(5) of Cr.P.C.

7. Thereafter, learned Sessions Judge heard the parties in detail and after considering the material evidence on record, passed an order of conviction, convicting the accused for the aforesaid offences and passed the following sentence:

"Accused is sentenced to undergo R.I. for twelve years and a fine of Rs.50,000/-for the offence punishable U/Sec.376(2) (i) of Indian Penal