JUDGMENT :

H.B. PRABHAKARA SASTRY, J.

1. The State has filed this appeal under Section 378 (1) and (3) of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as ‘the Cr.P.C.’) challenging the judgment of acquittal dated 06.12.2017, passed by the L Additional City Civil and Sessions Judge, Bengaluru (hereinafter for brevity referred to as the ‘Special Court’) in S.C. No. 101/2017, acquitting the accused of the offences punishable under Sections 366 and 376 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as ‘the IPC’) and under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as ‘POCSO Act’).

2. The summary of the case of the prosecution as stated in the charge sheet is that, the accused-respondent No. 1, on the date 30.09.2016, at about 2.30 p.m. from Vasanthanagar within the limits of the complainant police station - High Grounds, kidnapped the daughter of PWs 1 and 3, who is PW-2 (henceforth referred to as ‘victim girl’) knowing fully well that she was minor in her age and by taking her with him to Siddapura of Yadagiri District made her to believe that he is going to marry her and