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2022 Supreme(Kar) 868

H. T. NARENDRA PRASAD, RAJENDRA BADAMIKAR
Channabasappa – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
K.M. Shiralli, Adv, for the Appellant; V.M. Banakar, Addl. SPP, for the Respondents

JUDGMENT

Rajendra Badamikar, J. - Appellant/accused has filed this appeal under Section 374(2) of Cr.P.C. assailing the judgment of conviction and order of sentence passed by the Principal District and Sessions Judge and Special Judge, Haveri in Spl.S.C. No. 17/2014 whereby the learned Special judge has convicted the appellant/accused for the offence punishable under Section 376(2)(f) of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for short) by imposing imprisonment for life with fine of Rs. 25,000/- with default clause and for the offence punishable under Section 12 of POCSO Act, he was imposed rigorous imprisonment for 2 years with fine of Rs. 5,000/- with default clause.

2. For the sake of convenience, parties shall be referred with the original ranks occupied by them before the trial court

3. The brief factual matrix leading to the case are as under:

    That the victim girl is daughter of the complainant-Manjavva and the victim is aged about 5 years and attending anganawadi at Kurdakodihalli village of Byadagi taluk. That the accused is relative of the complainant and is also residing in the same village. It is

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