JUDGMENT :

T.G. SHIVASHANKARE GOWDA, J.

The State has challenged the judgment and order of acquittal dated 01.01.2019 passed in Special Case No.110/2016 on the file of the I Additional District and Sessions Judge, Ballari (‘Trial Court’ for short), acquitting the accused for the offences punishable under Section 376 of IPC, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) and Section 3(1)(xii), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. For the sake of convenience, the parties shall be referred to as per their status in the Trial Court.

3. Briefly stated the facts of the prosecution case are that, PW-1 and PW-5 are the husband and wife and the residents of Sandur Taluk, Ballari District. PW-4 is the victim and daughter of PWs-1 and 5. They belong to Scheduled Caste. The victim is a minor aged 11 years studying in 5th standard. Accused is the neighbour of PWs-1 and 5. On 26.06.2016 at 10.00 a.m., the victim was playing near the water tank situated near their house. The accused offered chocolate and took the victim to his house, removed her clothes, so also his clothes and committed sexu