The court ruled that the prosecution failed to prove the charges due to inconsistencies in evidence and lack of credible testimony, leading to the acquittal of the accused under IPC and POCSO Act.

CAV JUDGMENT

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)

Since these appeals are arising out of the same judgment and order, they are clubbed together and disposed of by a common judgment.

2. While Crl.A.No.100334/2020 is filed by accused Nos.2 & 3 and Crl.A.No.100335/2020 is filed by accused No.1.

3. For the sake of convenience, parties are referred to by their ranks before the trial Court.

4. A charge sheet came to be filed against accused Nos.1 to 3, alleging that, at the relevant point of time, the prosecutrix was aged 16 years. On 07.08.2014 at 10.20 a.m, while the prosecutrix was proceeding from Majjigere to Mundgodu by walk, near Ishappana Tank, accused Nos.1 to 3 kidnapped her and took her into the forest area and tied her to the tree up to 3.00 pm. Accused No.1 persuaded her to love him and when she did not agree, he gave threat by putting a knife to her neck. He recorded the conversation between him and the prosecutrix on his cell phone. Thereafter, accused No.1 committed rape on the prosecutrix, while accused Nos.2 & 3 stood guard and they also gave threats not to disclose the said act to anyone and thereby accused Nos.1 to 3 have committed the offences punishable under Sections 342 , 363, 366, 366-A, 376-D, 506 r/w Section 34 of IPC and Sections 4 and 6 of POCSO Act 2012.

5. In respect of the incident, complaint is given by the prosecutrix. She has stated that she has studied 8^th standard in Bachanike and 9^th and 10^th standards at Pre- University Government College, Mundgod. Every day, she used to come to college in Government bus from Majjigere to Mundgod. While she was studying in 8^th standard accused No.1, who is a resident of the same village, used to trouble her by saying that she should love him, but she reprimanded him. Since then he was not troubling her.

6. However, on 07.08.2014, while she was walking on her way to college at 10.30 a.m near Ishappan tank, all the accused persons approached her, accused No.2 Ramesh, snatched her umbrella and accused No.3 Manjunath snatched her school bag. Accused No.1 caught hold of her mouth with his right hand and caught hold of both her hands with his left hand and pushed her into the forest and tied her to a eucalyptus tree with an ivy(ಬ(cid:2)(cid:3)). When she tried to free herself, they tied her hands also with the same ivy(ಬ(cid:2)(cid:3)). When she tried to shout, accused No.1 gagged her mouth with towel/ kerchief.

7. Accused No.1 said that she should love him and listen to him. When she shook her head, accused No.1 removed the towel/kerchief and directed her to speak. He forced her to say whatever he wanted and recorded the said conversation on his cell phone. He held a knife to her neck and told her not to disclose these facts to anyone and thinking that he may leave her, she repeated whatever he wanted. However, saying that if she is left alone, she should not be available and she should learn a lesson, accused No.1 removed the ties, forced her to lay on the ground and committed rape on her by lifting her skirt, removing her panty and inserted his penis into her vagina. Even though she resisted, accused No.1 committed penetrative sexual intercourse for 10 minutes. When he was raping her, accused Nos.2 and 3 were guarding.

8. After that she put her clothes on and again accused No.1 gave threat not to disclose this fact to anyone. Again, accused No.1 tied her to the tree. In the meanwhile, accused No.1 received a ca