This appeal is filed by the appellant under Section 372 (2)

of Cr.P.C for setting aside the judgment of conviction and

sentence passed by the Special Judge, Udupi District, Udupi in

Spl.C.No.53/2016 dated 10.4.2019 for having found guilty and

convicted the appellant for the offence punishable under

Sections 366, 376(2)(i) and 376(2)(j) of IPC and Section 6 of

POCSO Act.

2. Heard learned senior counsel for the appellant and

learned High Court Government Pleader for the respondent -

State.

3. The case of the prosecution is that on the complaint of

PW1-Rajesh Shetty to the police on 16.7.2016 alleging that his

daughter PW2-the victim girl aged about 15 years has been

dropped by his mother PW.3 to the school. Subsequently, he

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came to know from the teachers of the victim that the victim

did not come to the school, hence he went to the school where

one Suma the cook-PW.4 informed that the victim went along

with the accused in the motor cycle. Later, PW.1 went to the

house of the accused at 11 a.m. where the door was locked, he

knocked the door, called the accused he did not open, then he

went to back side door and there he once again called and the

accused came out. On enquiry, the accused informed the victim

might have committed suicide. Then, PW.1 told to the accused

that everybody had stated that the accused took his daughter

and that he would register FIR for the same, then the accused

agreed that the daughter is in his house. Then PW.1 asked the

accused to bring the victim to the school. Accordingly, PW.1

went back to school, at that time, the accused came and

dropped the victim to school and went away and the victim was

enquired by the father and the school teachers, where she has

narrated that the accused took her to some two hotels and they

did not give the room. Therefore, he took her to the house

where he has sexually assaulted her, then his father came and

quarreled with the accused. A complaint was lodged by the

PW.1 to the police as per Ex.P.1 and the police after registering

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the FIR recorded the statement of the victim and got examined

the

victim

to

the

Medical

examiner.

Subsequently

on

17.07.2015, the accused was arrested, remanded to the judicial

custody and till date he is in jail. After completion of the

investigation, the police have filed charge sheet. The Special

Court took the cognizance, secured the presence of the accused

from the jail and charges were framed, the accused denied the

charges. In order to prove its case, the prosecution examined

30 witnesses as per PWs.1 to 30, marked 62 documents as per

Exs.P.1 to P.62 and 24 material objects as per M.Os.1 to 24.

After closing the evidence of the prosecution, the statement of

the accused under Section 313 of Cr.P.C was recorded. The

case of the accused was one of the total denial, but not entered

into any defense except marking Ex.P1 in the complaint.

4. After hearing the argument, the Trial Court found the

appellant guilty, convicted and sentenced to undergo rigorous

imprisonment for a term of 7 years and pay fine of Rs.30,000/-

and in default, he shall undergo imprisonment for a period of 6

months for the offence punishable under Section 366 of IPC.

The appellant is sentenced to undergo rigorous imprisonment

for a term of 10 years and pay fine of Rs.30,000/- and in

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default

of

payment,

he

shall

further

undergo

simple

imprisonment for a period of 6 months for the offence

punishable under Section 376(2) of IPC and also sentenced to

undergo rigorous imprisonment for a term of 10 years and shall

pay fine of Rs.50,000/- in default of payment of fine, he shall

undergo simple imprisonment for a period of 8 months. Except

the sentence for the offence under Section 366 of IPC, all the

other sentences are ordered to run concurrently and a

compensation of Rs.1,00,000/- was awarded to the victim-

PW.2. Being aggrieved by the judgment of conviction and

sentence, the appellant is before this Court.

5. The learned Senior counsel