The court emphasized the right to a fair trial, necessitating adequate cross-examination opportunities for the accused, as mandated by Article 21 of the Constitution.

ORAL JUDGMENT

Crl.A No.1400/2024:

In this appeal, the appellant is challenging the judgment of conviction and order on sentence dated 08.12.2023 passed by the Addl. City Civil and Sessions Judge-FTSC-III, Bengaluru in Spl.C.C. No.1779/2021.

2. The brief facts leading to this appeal are that, the Inspector of Police, Channammanakere Achukattu submitted charge sheet against accused for the offence punishable under Sections 363 , 366, 376 and 506 IPC and Sections 4 , 5(l) and 6 of POCSO ACT . It is alleged by the prosecution that CW2-victim girl aged about 16 years being the daughter of CW1 and CW3 was residing along with her parents at Door No. 85, 1^st floor, near Ayyappaswamy Temple, Banashankari III Stage, and pursuing her studies. The accused came in contact with this victim girl, while she was going to college and he started inducing her that he is in love with her and insisting her to make love with him and thus he was roaming around her. The accused started threatening the victim girl that if she refused his love proposal, he will kill her and also kill her parents and forcibly made the victim girl to make love with him. That on 31.08.2021 at about 10.00 a.m the accused went near the house of CW2 and putting her under life threat by showing a knife, he has forcibly kidnapped the victim her from the custody of her parents with an intention to marry her, having full knowledge that the victim is a minor and has forcefully taken her along with him in an autorickshaw in the market area and from there he has taken her to Thavanapalli Village, Chittoor District, Andhrapradesh in a bus and taken her to Gottapalli Village and at Gottapalli Village, the accused kept the victim girl in a newly constructed cattle shed belonged to CW4 and on 02.09.2021 at about 09.00 a.m. the accused, in spite of repeated refusal of victim, also having full knowledge that victim girl is a minor, has forcibly committed penetrated sexual assault on her and till 05.09.2021 the accused, in the very same place, on many occasions, has repeatedly committed sexual assault on her and thereby committed the offence punishable under , 366, 376 and 506 and Sections 4 , 5(1) and 6 of POCSO ACT .

3. The trial Court has framed the charges. The accused was enlarged on bail and appeared through his counsel. The charges were framed by the trial Court for the aforesaid offences. The same was read over and explained to the accused. Having understood the same, the accused pleaded not guilty and claimed to be tried.

4. To bring home the guilt of the accused, the prosecution got examined 12 witnesses as PW1 to PW12 and got marked 25 documents as Exhibit P1 to P25 and marked 9 material objects as MO1 to 9 and closed its evidence.

5. The statement of accused under Section 313 of Cr.P.C. was recorded. The accused has totally denied the evidence of prosecution witnesses. However, the accused has not adduced any defence evidence on his behalf.

6. Having heard the arguments on both sides the trial Court has convicted the accused for the offences under Sections 363 , 366, 376 and 506 of Indian Penal Code and Sections 4 , 5(1) and 6 of POCSO ACT and also passed sentence.

7. Being aggrieved by this judgment of conviction and order on sentence, the appellant has preferred this appeal.

8. The learned counsel for the appellant would submit that the trial Court has not properly appreciated the evidence on record. Though there are material omissions and contradictions in the evidence of victim and further statement recorded by the Investigating Officer, the trial Court has not considered the same. The trial Court has not provided sufficient opportunity to cross- examine the pr