This appeal is filed by the State through Bankapur Police

in Haveri District challenging the judgment of acquittal dated

19.01.2018 passed by the Principal District and Sessions

Judge and Special Judge, Haveri in Spl. S.C.No.31/2015

whereby the leaned Sessions Judge has acquitted the accused

for the offence punishable under Sections 363, 366, 376 of

Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’, for

short) and under Section 4 and 12 of the Protection of

Children from Sexual Offices Act, 2012 (hereinafter referred

to as ‘POCSO Act’, for short).

2.

For the sake of convenience, the parties herein

are referred to with their original ranks occupied by them

before the trial Court.

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3.

Brief factual matrix leading to the case is as

under:

That the complainant’s daughter victim aged about 16

years had gone to her grandparents’ house situated in

Ibrahimpur at Shiggaon Taluk. During her stay there, she

had developed friendship with the accused who was residing

there itself and they started to love each other and he gave

her false assurance of marriage. It is the further case of the

prosecution that on 23.07.2015 at 12.00 p.m., when the

victim had gone to Bankapur Darga along with her aunt,

accused called her and induced her to come near bus stand

and when she went there, he kidnapped her from the lawful

guardianship and took her to Haveri, then to Davanagere by

bus and then by a train to Bengaluru. Further, it is alleged

that they went to Karmade in Mettupalyan taluk, Koimbatore

District, Tamilnadu State and stayed there in a rented house.

It is the further case of the prosecution that on 25.07.2015,

accused committed rape on the victim having full knowledge

that she is a minor. The father of the victim has lodged a

complaint and on the basis of the same, the police have

apprehended the accused and victim in Karmade village in

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Tamil Nadu State and brought to Bankapur Police Station.

Thereafter, the victim as well as accused subjected to medical

examination and statement of the victim under Section 164 of

Code of Criminal Procedure , 1973 (hereinafter referred to as

‘Cr.P.C.’, for short) was recorded. The accused was remanded

to judicial custody. The Investigating Officer has investigated

the crime and collected the materials regarding age, sexual

assault on the victim and then found that there are sufficient

materials as against the accused and as such, he has

submitted the charge sheet against the accused.

4.

After

the submission of the

charge sheet,

cognizance was taken. The accused was represented by a

counsel and the prosecution papers were furnished to the

accused. After hearing learned Public Prosecutor and defence

counsel, the charges under sections 363, 366 and 376 of IPC

read with Sections 4 and 12 of POCSO Act were framed

against the accused and the same is read over and explained

to the accused. The accused pleaded not guilty and claimed

to be tried.

5.

To prove the guilt of the accused, the prosecution

has examined in all 28 witnesses and also placed reliance on

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26 documents and got marked 8 M.Os. After conclusion of

the evidence of the prosecution, the statement of accused

under Section 313 of Cr.P.C. is recorded to enable him to

explain the incriminating evidence appearing against him in

the case of the prosecution. The case of accused is of total

denial. However, he did not choose to lead any oral and

documentary evidence in support of his defence.

6.

After having heard the arguments in detail,

learned

Sessions

Judge/Special

Judge

found

that

the

prosecution has failed to prove the guilt of the accused

beyond all reasonable doubt and as such, acquitted the

accused for the offences charged against him. Being

aggrieved by the judgment of acquittal, the State has filed

this appeal.

7.

Learned Additional State Public Prosecutor has

contended that the victim was kidnapped on 23.07.2015 and

taken to Tamil Nadu by the accused wherein sexual assault

was committed on the minor. He further conten