JUDGMENT

The State has filed this appeal under Section 378 (1)

and (3) of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as `the Cr.P.C.'), challenging the judgment of acquittal dated 04.12.2017, passed by the learned III Addl.District and Sessions Judge, Tumakuru, (hereinafter for brevity referred to as the `Special Court') in Special Case No.259/2015, acquitting the accused of the offence punishable under Section 448 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as `the IPC') and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as `POCSO Act').

2. The summary of the case of the prosecution in the Special Court was that, on the date 14.04.2015, when the complainant (CW-1/PW-2) (henceforth referred to as `victim girl') was alone at her house at Upparahalli Tanda, within the limits of complainant-Police Station and when her parents and sisters were also away from the house, at about 9.00 p.m., the accused committed house trespass into her house and on the pretext of talking to her about their alleged marriage, initially talking with her, expressed his desire to have sexual inter