The court held that mutual engagement between minors in sexual acts without coercion might not constitute a criminal offence, emphasizing the necessity for counseling rather than conviction.

JUDGMENT :

M G Uma, J.

The appellant being the accused in Special Case (POCSO) No.13/2020 on the file of the learned II- Additional Sessions Judge, Kalaburagi [for short, ‘the Trial Court’] is impugning the judgment of conviction and order of sentence dated 20.07.2021 convicting him for the offences punishable under Sections 376 (2) (n), 450, 354(A)(2), 354(B), 354(D), 506, 509 of the INDIAN PENAL CODE , 1860 [for short, ‘the IPC’] and Sections 6 , 8, 12 of the Protection of Children from Sexual Offences Act, 2012 [for short, ‘the POCSO Act’], and sentencing to undergo simple imprisonment for a period of 5 years and to pay fine of Rs.10,000/- for the offence punishable under Section 450 of IPC; to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.25,000/- for the offence punishable under Section 376(2)(n) of IPC; to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.25,000/- for the offence punishable under Section 354(A)(2) of IPC; to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.15,000/- for the offence punishable under Section 354(B) of IPC; to undergo simple imprisonment for a period of 2 years and to pay fine of Rs.10,000/- for the offence punishable under Section 354(D) of IPC; to undergo simple imprisonment for a period of 1 year and to pay fine of Rs.5,000/- for the offence punishable under Section 506 of IPC; to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.5,000/- for the offence punishable under Section 509 of IPC; to undergo simple imprisonment for a period of 4 years and to pay fine of Rs.25,000/- for the offence punishable under Section 8 of POCSO Act; and to undergo simple imprisonment for a period of 2 years and to pay fine of Rs.5,000/- for the offence punishable under Section12 of POCSO Act, with default sentences.

2. Facts of the case in brief are that, PW-2 - the mother of the victim girl lodged the first information with Madbool Police Station against the accused alleging commission of the offences. It is stated in the first information that, the victim is her daughter aged 17 years. When she was in the house about two months earlier to filing of the complaint, accused illegally trespassed into the house, and insisted the victim girl to love him under promise to marry her. He again came to her house on 22.11.2019 at 1.00 p.m. and committed aggravated penetrative sexual assault. He also misbehaved with her by touching her inappropriately and criminally intimidated to cause her death. He used to insist the victim girl to come to a nearby hillock area, and used to commit sexual harassment. Many a times he has committed sexual assault and repeatedly committed aggravated penetrative sexual assault, thereby he has committed the alleged offences. The FIR came to be registered. Statement of the victim under Section 164 of Cr.P.C. was recorded and investigation was undertaken. After completing the investigation, final report came to be filed.

3. The Trial Court took cognizance of the offence.The accused appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution examined PWs-1 to 15, and got marked Exs.P-1 to P-21 in support of its contention. The accused denied all the incriminating materials available on record, but has not chosen to lead any evidence in support of his defence. The Trial Court, after taking into consideration all these materials on record, came to the conclusion that the prosecution is successful in proving the guilt of the ac