JUDGMENT :

C.M. JOSHI, J.

1. The accused in Spl. Case No. 534/2019 before the II Additional District and Sessions Judge, Bidar, Sitting at Basavakalyan, has filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment of conviction dated 13.06.2023 and order of sentence dated 14.6.2023, for the offence punishable under Sections 450, 376(3) of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act 2012’).

2. The brief facts of the case are as below:

Case of the prosecution is that PW5 lodged a complaint as per Ex.P18 stating that the accused knowing well that victim-PW4 is a minor, followed her and had developed love affair with her and since 6 months prior to the incident, accused was seducing her and had developed physical relation on 2-3 occasions under the false promise of marrying her. It was alleged that on 22.08.2019, the PWs. 5 and 6, who are the parents of the victim had gone to a marriage and the younger brother of the victim and the grandfather of the victim were in the house. It was alleged that during night, the accused had trespassed into the house of the victim girl taking advantage of the absence of PWs. 5 an