The court held that the prosecution failed to prove its case beyond a reasonable doubt due to delays, inconsistencies, and lack of corroborative evidence.

JUDGMENT :

G. BASAVARAJA, J.

1. The appellant has preferred this appeal against the judgment of conviction and order on sentence passed by the Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru in Special Case No.430/2017 dated 02.07.2022.

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

3. The brief facts leading to this appeal are that the Circle Inspector of Police, Nandagudi Circle, Sulibele Police Station submitted the charge-sheet against the accused for the offence under Section 376 (2)(i) of Indian Penal Code and under Section 6 of POCSO Act.

4. It is alleged by the prosecution that on 20.09.2017, PW.14-Sri. Govind B. M, Assistant Sub-Inspector of Police was the Station House Officer of Sulibele Police Station. On that day, on the basis of MLC intimation from Vani Vilas Hospital, Bengaluru, PW14 and a Women Police Constable-CW7 visited the hospital and recorded the oral complaint-Ex.P5 given by the victim’s mother-PW8. Later, returned to the police station at 02.30 P.M. and registered the FIR.

5. The CW1-Informant, has stated that the victim girl aged about eight years and another daughter by name Kavitha aged about six years were residing in a rented premises belonging to one Suhail. The wife of Suhail used to abuse her daughters every day. As such, they vacated the said premises. Thereafter, they resided in a rented premises belonging to one Basamma in Janata Colony. Since the owner of the house had demanded for an amount of Rs.3,000/- as advance and they did not have any money, they had vacated the said premises too. After vacating the said premises when they were standing near bus stand at the Sulibele, the accused being acquainted to them, had asked them to accompany to his premises until they find a rented premises. The accused was residing alone in his house. From 10.09.2017 they resided at the house of accused. Such being the situation on 11.09.2017, during the night hours, informant, her husband and second daughter were sleeping in the hall, the accused and the victim girl were sleeping on the couch placed in the hall. During the night hours the accused had carried the victim girl to the adjacent room and had committed rape on her. On the next day, her daughter/victim complained about stomach ache and when enquired, her daughter/victim girl informed her that the accused on the previous night had taken her to the next room and had forcibly stuffed a cloth into her mouth and after removing her clothes, had committed sexual assault on her. When the informant questioned the act of the accused, the accused denied any such act and went away from the house by asking them to vacate the house.

6. Thereafter, on 13.09.2017, the complainant after informing her husband about the incident, vacated the house of the accused. Thereafter, for about two to three days, they stayed in the compound of the Government School situated at Mulabagilu and during the said period, her daughter/victim girl used to complain about stomach ache. The informant had taken the victim girl for treatment to Mulabagilu Government Hospital, but did not inform the doctors about the incident. On 19.09.2017, while they were returning to Malur from Mulabagilu in a bus, her daughter/victim girl once again complained about stomach ache. At that time, her husband hit the daughter/victim girl in the bus and the passengers in the bus shouted at him. A person by name Ramya intervened and questioned as to why her husband was assaulting the victim. At that time, the complainant told Ramya about the inci