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B.M.SHYAM PRASAD, V.SRISHANANDA
State of Karnataka – Appellant
Versus
Andmanjunath Bommayya Naik – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Sri.V.M. Banakar, Addl. S.P.P.
For the Respondent:Sri. Shivakumar S. Badawadagi, Advocate.

JUDGMENT

B.M. Shyam Prasad, J.—This appeal is by the State challenging the judgment dated 30th June 2015 in S.C. No.57/2011 on the file of the District and Sessions Judge, Uttara Kannada, Karwar (for short, the ‘Sessions Court’). The Sessions Court by the impugned judgment has acquitted the respondent of the charges for offences punishable under Sections 376 and 506 of Indian Penal Code (for short, the ‘IPC’).

2. The prosecution’s case against the respondent in a nut shelled as follows:

2.1 The respondent on 27.04.2011 sexually assaulted the victim, his cousin, who was aged about 11 years as of that date. The respondent’s father and the victim’s father are brothers, and the respondent and the victim resided in the same locality. The victim’s father is no more and she was residing with her mother and sister. The victim was studying in 7th standard as on the date of the alleged assault. The victim was at home on 27.04.2011 as the school was closed. Her mother, working as Anganwadi Assistant was at work, and the elder sister was visiting her aunt in Gadag. The victim being alone at home was playing in

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