JUDGMENT :

This appeal is preferred by accused Nos.1 to 4 against the judgment and order dated 26.09.2018 passed by the Court of I Additional Sessions and Special Judge at Chikkamagaluru in Special Case (PCSOA) No.5/2015, whereby accused No.1 has been convicted for the offence punishable under Section 363, 366 and 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’, for short) and accused Nos.2 to 4 are convicted for offences punishable under Sections 363, 366-A r/w 34 of IPC.

2. Accused Nos.2 to 4 have been acquitted of the offences punishable under Sections 114 r/w 363, 376 of IPC and Section 17 of POCSO Act, 2012.

3. Heard the learned counsel Sri N.R.Krishnappa for accused No.1, Sri Umesh P.B. for accused Nos.2 to 4 and Sri K. Nageshwarappa, learned High Court Government Pleader for respondent/State and perused the evidence and material on record.

4. The factual matrix Of the prosecution case are that the prosecutrix – PW.4 is a minor aged about 17 years. She is a resident of Bilekallahalli Village. She was studying in I PUC in BGS college, Chikkamagaluru. She used to travel in a bus from her village to her college to attend the classes