Prosecution failed to sufficiently prove the victim's age or the alleged offences, resulting in the acquittal of the accused due to insufficient evidence.

JUDGMENT :

G. BASAVARAJA, J.

1. The appellant/accused has preferred this appeal against judgment of conviction dated 13^th September, 2021 and order on sentence dated 14^th September, 2021 passed in SC No.75 of 2019 by the II Additional District and Sessions Judge and Special Judge, Davanagere.

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. The brief facts leading to this appeal are that the Dy.S.P., Rural Sub-Division, Davanagere, has submitted charge sheet against the accused for the offences punishable under Sections 376 and 506 of IPC , Section 4 of POCSO Act and Sections 3(1)(w), 3(2)(v-a) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (PoA) Act,').

4. It is alleged by the prosecution that, about three months prior to the date of filing complaint, the victim had been to Aafiya Palace in Channagiri town to chop vegetables in a marriage function. After completing her work, when she wanted to return home, the accused told her to stay back in the choultry, as she had to come again next day in the early hours. At that time, he committed forcible sexual intercourse on the victim against her will and without her consent. Again on 12^th February, 2019, the accused has taken the victim to Shivamogga on the pretext to assist him for preparation of food and later took her to Ganesha Lodge situated on B.H.Road, and stayed there in a room and despite her resistance, he has committed forcible sexual intercourse on her repeatedly. The victim is a minor and belongs to Adi-Karnataka which comes under the Scheduled Caste. The accused has also threatened her with dire consequences, if she discloses about his act to anybody. Thus, the accused committed the alleged offences.

5. After filing of the charge sheet, case was registered in SC No.75 of 2019. Accused was arrested on 25^th February, 2019. Since the date of arrest, accused is in judicial custody.

6. Upon hearing on charges, the trial Court framed the charges for the offences punishable under Sections 376 and 506 of IPC , Section 6 of POCSO Act and Sections 3(1)(w), 3(2)(va) and 3(2)(v) of the SC/ST (PoA) Act, 1989. The same was read over and explained to the accused, having understood the same, accused pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused, 24 witnesses were examined as PWs.1 to 24, 35 documents were marked as Exs.P1 to P35 and 12 material objects were marked as MO.1 to 12. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C., was recorded and accused has totally denied the evidence of prosecution witnesses. However, he did not choose to lead any defence evidence on his behalf. Having heard the arguments on both sides, trial Court convicted the accused for the offences punishable under Sections 376 and 506 of IPC and Section 6 of POCSO Act. Being aggrieved by the judgment of conviction and order on sentence passed by the trial Court, the appellant/accused has preferred this appeal.

8. Learned counsel for the appellant would submit that the judgment of conviction and order on sentence passed by the trial Court is illegal, invalid, contrary to law & evidence and probabilities of the case.

9. The specific contention of prosecution is that, the victim was a minor aged about 15 years, as on the date of incident. Therefore, the acc