The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.

JUDGMENT :

G.BASAVARAJA, J.

1. The appellant has preferred this appeal against the judgment of conviction and order on sentence dated 29.10.2021 passed by the Additional District & Sessions Judge, FTSC-I (POCSO), Kolar, in S.C.No.27/2018.

2. For the sake of convenience, the parties herein are referred as per their rank before the trial Court.

3. The brief facts leading to this appeal are that the Circle Inspector, Kolar Rural Police, Kolar, filed the charge sheet against the accused for the offences punishable under Sections 376 , 506 of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act', for short). It is the case of the prosecution that, the victim girl aged about 13 years, was studying in 8^th standard in Government High School, Arabikotthanuru village. When the victim was going to School, accused used to follow her and talk with familiarly with her. CW1, CW3 and CW4 advised the accused not to follow the victim girl. Despite of it, about 7 to 8 months ago, when the victim while returning from school, alighted the bus at Chunchadenahalli gate and was walking towards home, at that time accused met her and told that he was in love with her and further threatened that, if she does not cooperate with him, he will kill her and her parents. He took her to a nearby eucalyptus grove of CW6-Krishnappa, removed her clothes and committed rape on her. After the act, accused threatened the victim stating that if she reveals the same to anybody he will kill her. Thereafter, on the next day also after the school when the victim was returning home, at the same place, accused threatened the victim, took her to the same eucalyptus grove of CW6 and committed aggravated penetrative sexual assault, due to which CW2/victim became pregnant.

4. It is further case of the prosecution that the victim complained of stomach pain, after which her grandmother/CW1 took her to SNR hospital, Kolar. The Doctor, after the examination, revealed that victim was 7 months pregnant. CW1 enquired the victim and came to know that accused had committed rape on her while walking back home from school and made her pregnant, and further threatened her not to reveal the incident to anybody, for which she filed complaint before the police as per Ex.P1 on 30.11.2017. Based on the complaint, Kolar Rural Police registered the case in Crime No.510/2017. The Investigating Officer arrested the accused, recorded the statements of witnesses and statement of the victim as required under Section 164 of Cr.P.C through the Magistrate. The victim and accused were sent for medical examination. The Investigating Officer has conducted the mahazars, collected blood samples of the accused, victim and her child in the presence of court through Doctor for DNA test, collected the school documents regarding date of birth of the victim, collected FSL and DNA report. After completion of investigation, the Investigating Officer has filed the charge sheet against the accused for the aforesaid offence. The accused is in Judicial Custody.

5. After filing of the charge sheet, the court has taken cognizance with respect to the aforesaid offences, and copies of the police papers have been furnished to the accused in compliance of Section 207 of Cr.P.C. After hearing, charges were framed and read over and explained to the accused in the language known to him. The accused pleaded not guilty and claimed to be tried and as such, the trial was f