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2021 Supreme(Kar) 998

SURAJ GOVINDARAJ, J. M. KHAZI
Abdulkhadar S/o Abdulgafar Tapal – Appellant
Versus
State Of Karnataka (Savanoor Police Station), R/By State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. R.H.Angadi, Advocate
For the Respondent: Sri. V. M.Banakar, Addl. Spp

JUDGMENT :

SURAJ GOVINDARAJ, J.

1. The accused/appellant is before this court challenging the judgment dated 06.12.2019 passed by the I Additional District and Sessions Judge and Special Judge at Haveri (for brevity ‘the trial Court’) in Spl. SC/ST No.03/2017 under which the accused was convicted for the offences punishable under Section 377 of IPC and Sections, 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for brevity ‘the POCSO Act).

2. The case of the prosecution is that on 25.10.2016 at about 10 a.m., PW-1 -complainant had sent her minor son to bring cow dung for the purpose of applying it in the house. When he had gone to the Tank Bund in Savanur, the accused is alleged to have dragged him to a place near a Canal which is situated next to the poultry farm of one Pathan, removed the dress of the minor victim and committed anal penetration with the knowledge that the minor victim belonged to scheduled caste. Thus, offences alleged to have been committed under Section 377 of IPC and Sections 4, 6, 12 of the POCSO Act as also Sections 3(1)(i), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 1989.

3. Upon investigation being completed, the Investigation Of

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