JUDGMENT :

This is State’s appeal challenging impugned judgment dated 04.10.2016 passed by the learned VI Additional District and Special Judge, Mysuru in S.C. No.25/2014 acquitting the accused for the offences punishable under Sections 366 , 376 and 506 read with Section 34 of IPC and also Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for brevity ‘POCSO Act’).

2. We refer to the parties as per their rank before the Trial Court.

3. It is the case of prosecution that PW-1, the victim girl is daughter of PW-2/C.Rangaswamy and CW-3/Smt. Rathnamma. PW-2/Rangaswamy along with his family members was residing in a flat constructed by Slum Board. PW-2 is an illiterate and the victim girl is said to be studied only upto 6th Standard in Kumbaru Koppalu Government Primary School. It appears that accused is also residing in the same locality along with his parents and he was working as mason.

4. It is the case of prosecution that on 13.10.2013 at about 6.30 pm, when PW-2 and CW-3 were not at home, the victim/PW-1 went to fetch water from public tap situated nearby house of accused No.1. At that time, accused No.1 came in a motorcycle belonging to PW-9, Yogesha,