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2025 Supreme(Kar) 681

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
MOHAMMAD NAWAZ, K.S.HEMALEKHA
Ganapati, S/o. Tukaram Metre – Appellant
Versus
State of Karnataka, Through Kalaburagi Grameen Police Station, Now Represented By The Additional State Public Prosecutor, High Court of Karnataka – Respondent


Advocates Appeared:
For the Appellant :Sri. Rajesh Doddamani, Advocate
For the Respondents: Sri. Siddaling P. Patil, Addl. SPP, Sri. Sudheer Kulkarni, ADV.

JUDGMENT :

(MOHAMMAD NAWAZ, J.)

Assailing the judgment and order dated 08.11.2019 passed by the Court of II Additional Sessions Judge, Kalaburagi, in Special Case (POCSO) No.60/2017, accused has preferred this appeal.

2. Vide impugned judgment, the Trial Court has convicted the accused/appellant for offences punishable under Section 376(2)(n) of IPC read with Section 4 of the POCSO Act, 2012.

3. The accused has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000/- and to further undergo simple imprisonment for a period of two years, in default of payment of the fine amount.

4. We have heard the learned counsel for the appellant, learned Additional SPP for the state and the learned Amicus Curiae for respondent No.2 – de-facto complainant.

5. Perused the evidence and materials on record.

6. Briefly stated, case of the prosecution is that, victim’s father was working in the plastic factory of one Arif Sheth situated at Kapanoor industrial area. On 24.09.2017, at about 9 A.M., he went to the factory for work. At about 2.30 P.M., victim girl, a minor aged about 16 years was sent by her mother to the factory to give lunch box to her father. At that time,

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