IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF MARCH, 2021

BEFORE

THE HON9BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL APPEAL No.100021/2021

BETWEEN:

RAGHAVA S/O HARERAMMA,

AGE. 38 YEARS, OCC. COOLIE WORK,

R/O. DC NAGAR,

DIST. BALLARI-583101.

&APPELLANT

(BY SHRI ANAND R.KOLLI, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

REP. BY SPP,

HIGH COURT OF KARNATAKA,

BENCH DHARWAD,

THROUGH CIRCLE INSPECTOR OF POLICE,

RURAL CIRCLE, BALLARI,

DIST. BALLARI-583101.

&RESPONDENT

(BY SHRI PRAVEEN K UPPAR, HCGP)

THIS CRIMINAL APPEAL IS FILED U/S 374(2) OF

CR.P.C.,SEEKING TO SET ASIDE THE ORDER OF CONVICTION

DATED 17/01/2017 INCLUDING THE FINE IMPOSED BY THE I

ADDL. DISTRICT AND SESSION JUDGE, BALLARI, IN SESSION

CASE

NO.151/2013

DTD.18/01/2017

PUNISHABLE

UNDER

SECTION 366, 366A, 366B, 368, 370, 370A, 372, 373 R/W 109

OF IPC AND U/S 3 AND 4 OF PROTECTION OF CHILDREN FROM

SEXUAL OFFENCE ACT 2012 AND U/S 3, 4, 5, 6, 7 AND 9 OF

IMMORAL TRAFFIC PREVENTION ACT, 1956, IN SO FAR

PETITIONER / ACCUSED 85 IS CONCERNED.

2

THIS APPEAL COMING ON FOR FINAL DISPOSAL, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is preferred by accused No.85

challenging the judgment and order of conviction

and sentence dated 17/18.01.2017 passed by the

Court of I Addl. District and Sessions Judge,

Ballari, in S.C.No.151/2013 wherein, the learned

Sessions Judge has found him guilty along with

other accused persons for offences punishable

under Sections 366, 366-A, 366-B, 368, 370, 370-

A, 372, 373 read with Section 109 of IPC and

under Sections 3 and 4 of the Protection of

Children from Sexual Offences Act, 2012 (for short

8the POCSO Act9) and under Sections 3, 4, 5, 6, 7

and 9 of the Immoral Traffic Prevention Act.

2.

The

trial

Court

vide

order

dated

18.01.2017 has passed the following sentence:

<The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85 and 87 are found guilty for the offences

3

punishable u/Ss. 366, 366-A, 366-B, 368, 370,

370-A, 372, 373 R/w Sec.109 of IPC and u/Ss.3 &

4 of Protection of Children from Sexual Offences

Act, 2012 and u/Ss.3, 4, 5, 6 7 & 9 of Immoral

Traffic (Prevention) Act, 1956.

The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85 and 87 are hereby convicted for the offence

punishable u/S.366 of IPC and they are sentenced

to undergo SI for a period of 7 years and to pay

fine of Rs.25,000/- each and in default, to undergo

SI for 2 years.

The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85 and 87 are hereby convicted for the offence

punishable

u/S.366-A

of

IPC

and

they

are

sentenced to undergo SI for a period of 7 years

and to pay fine of Rs.25,000/- each and in default,

to undergo SI for 2 years.

The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85 and 87 are hereby convicted for the offence

punishable

u/S.366-B

of

IPC

and

they

are

sentenced to undergo SI for a period of 7 years

and to pay fine of Rs.25,000/- each and in default,

to undergo SI for 2 years.

4

The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85 and 87 are hereby convicted for the offence

punishable u/S.368 of IPC and they are sentenced

to undergo SI for a period of 10 years and to pay

fine of Rs.25,000/- each and in default, to undergo

SI for 2 years.

The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85 and 87 are hereby convicted for the offence

punishable u/S.370 of IPC and they are sentenced

to undergo SI for a period of 7 years and to pay

fine of Rs.25,000/- each and in default, to undergo

SI for 2 years.

The accused Nos. 1, 3 to 5, 8 to 12, 14, 16

to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52,

80, 85