IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MRS JUSTICE K.S. HEMALEKHA CRIMINAL APPEAL NO.153 OF 2018 BETWEEN:

THE STATE OF KARNATAKA THROUGH MELUKOTE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01.

... APPELLANT (BY SRI HARISH GANAPATHY, HCGP)

Digitally signed by AND:

MAHALAKSHMI B M Location: HIGH COURT OF 1. CHANDRU KARNATAKA S/O MANJUSHETTY, AGED ABOUT 23 YEARS, R/O KAADABEECHANAHALLI, MARATAHALLI, BENGALURU CITY, PERMANENT RESIDING OF MANAKANAHALLI VILLAGE, SHEELANERE HOBLI, K.R.PETE TALUK, MANDYA DISTRICT-571 424.

2. RAMALINGA S/O. SHIVANNEGOWDA, AGED ABOUT 42 YEARS, R/O. LAKSHMISAGARA VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA-571434.

(VIDE COURT ORDER DATED 26.03.2024)

... RESPONDENTS (BY SRI V.N. MADHAVA REDDY, ADVOCATE FOR R-1;

SR S. JAVEED, ADVOCATE FOR R-2)

THIS CRL.A. IS FILED UNDER SECTION 378(1) AND (3)

CR.P.C BY THE STATE P.P. FOR THE STATE PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER DATED 27.02.2017 PASSED BY THE I ADDITIONAL DISTRICT AND SPECIAL JUDGE, MANDYA IN SPL.C.NO.46/2015 ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 366(A) AND 376 OF IPC AND SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT.

THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR and HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S. HEMALEKHA)

The State has preferred the present appeal against the order of acquittal dated 27.02.2017 passed by the I Additional District and Special Judge, Mandya in Special Case No.46/2015 for the offences punishable under Sections 366A, 376 of Indian Penal Code (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2. PW.1 lodged a missing complaint of his daughter on 02.02.2015 under Ex.P.1. Initially, the case was registered against the accused for the offence punishable under Section 366A of IPC. After completion of the investigation, the accused was charge sheeted for the offences punishable under Sections 366A and 376 of IPC, and Sections 4 and 6 of the POCSO Act. The case of the prosecution is that on 30.01.2015 at about 9:00 p.m. near Mahadeshwarapura Gate in Melkote, the accused instigated the prosecutrix, aged about 17 years, took her forcibly and tied (Arishinada kombu), and committed sexual assault on her.

3. The Special Court, assessing the evidence of the witnesses, more particularly PW.1-complainant, PW.2- prosecutrix and PW.10- Headmaster who issued the study certificate at Ex.P23, gave a reason that the age of the prosecutrix being below 18 years as on the date of the incident was doubtful. Referring to the evidence and statement of PW.2-proseutrix i.e., at Ex.P4, the Special Court was of the opinion that the prosecutrix had accompanied the accused voluntarily. The medical examination report at Ex.P3 and Ex.P21 corroborated with the evidence of PW.9-Doctor also indicated that the hymen of the prosecutrix was intact and there was no penetrative sexual intercourse on her.

4. The Special Court, considering that the prosecutrix had sufficient opportunity to resist the alleged act of the accused or to inform the persons around them, having failed to do so, disbelieved the testimony of PW.2 that the accused kidnapped the prosecutrix to forcibly marry her and commit sexual assault.

5. It is argued by the learned HCGP appearing for the State that, offences committed by the accused are heinous in nature and the material evidence produced by the prosecution clearly establishes the guilt of the accused, which was not appreciated properly by the Special Court. It is submitted that the prosecutrix in her evidence categorically stated that the accused committed the offence which is corroborated by her statement