The statutory presumption of child status under the POCSO Act necessitates credible evidence for age determination, which must meet the standard of proof beyond reasonable doubt.

JUDGMENT :

(V. SRISHANANDA, J.)

Heard Sri Jamadar Shahabuddin, learned High Court Government Pleader for the appellant/State and Sri S.S. Aspalli, learned counsel for respondent Nos.1 to 11.

2. This appeal is by State challenging an order of acquittal passed by the learned Special Judge in Special Case (POCSO) No.580/2017.

3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:

3.1. Based on the statement of the victim girl (P.W.4), criminal action was set into motion. P.W.4 is the daughter of Nagappa, aged about 14 years, said to have been studying in 9^th standard and the resident of Bhunkaladoddi village. She persuaded her education in Government High School. At that juncture, accused No.1 being the driver of a tractor and accused No.2 being a private vehicle driver, used to tease her and rag her for a period of about five months when she was proceeding to the school. She tolerated the above behavior of the accused initially neglecting eve teasing.

3.2. However, misbehavior of the accused persons continued and on 05.12.2016 at about 10-30 p.m., she noticed that somebody is pulling her leg. It is found by her that it is accused No.1 and she raised alarm for help for having noticed the presence of accused No.1 in her house. Immediately, her parents woke up and they also witnessed the presence of accused No.1. Noticing the sequence of events, accused No.1 ran away from the spot. At that juncture, when they enquired, P.W.4 revealed what has happened earlier and the incident that has occurred on that day.

3.3. On the next day, they approached the house of accused No.1 and apprised all the inmates of the house of accused No.1 as to what transpired on the previous night. Accused No.2, who was present in the house of accused No.1 not only justified the act of accused No.1 but also threatened the parents of the victim girl with dire consequences, if they approach the police or disclose the incident to anybody.

3.4. Both the accused also threatened the parents of the victim girl that they do not even hesitate to kidnap the victim girl and hearing those words, the parents came back and kept quiet for some time, but despite such warning given by the parents of the victim girl, eve teasing of the victim girl by the accused persons continued.

3.5. When the matter stood thus, on 10.12.2016 at about 09-00 a.m., accused Nos.3 to 11 came near the house of the complainant and they all threatened with dire consequences to the parents of victim girl (P.W.1 and P.W.2) and the victim girl (P.W.4). They further abused them in filthy language. Being unable to bear with this attitude of the accused persons, the complainant approached the police and lodged a complaint.

4. A case was registered in Crime No.127/2016 and based on the material collected by the investigating agency, accused persons were charge sheeted. Presence of the accused persons were secured by the learned Special Judge and trial was conducted.

5. The prosecution in order to bring home the guilt of the accused, examined as many as ten witnesses namely, P.W.1 to P.W.10 and placed on record six documentary evidence which were exhibited and marked as Exs.P.1 to P.6 comprising complaint, spot mahazar, letter dated 31.05.2017, Khata extract, school birth certificate and the FIR.

6. After conclusion of the record