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2025 Supreme(Online)(Kar) 19485

KARNATAKA HIGH COURT
STATE OF KARNATAKA – Appellant
Versus
NAGESH S/O. SHIVAPPA MOSSANNAVAR – Respondent


ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE RAJESH RAI K)

The State has preferred this appeal against the judgment of acquittal passed in Special Case No.20/2016 dated 27.08.2021 by the Addl. District and Sessions Judge - FTSC-1 U.K., Karwar (Special Court for trial of cases filed under POCSO) Act (hereinafter referred to as the 'learned Sessions Judge' for short), whereby the learned Sessions Judge acquitted the accused/respondent for the offences punishable under Section 376(2) of IPC and Sections 4 and 6 of the POCSO ACT .

2. Briefly stated, the facts of the case are as follows:

The accused being the permanent resident of Savadatti, Belagavi District, came to the village of victim-PW.12 at Kibballi Village, Balur for coolie work of cutting trees in the forest and came in acquaintance with victim, who aged about 17 years. On 15.01.2015 at about 9:00 p.m., near the garden land of one Kalla Beera Gouda within the Kyadagi forest area, the accused consummated her by persuading that he will marry her. Later, they both were sexually active. Due to the same, the victim became pregnant. Thereafter, the accused started to avoid her. Left with no other option, she lodged a complaint before t

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