IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CRIMINAL APPEAL NO.100029 OF 2021 (C)

BETWEEN ADAVAYYA S/O. SHANKARAYYA PUJER, AGE: 32 YEARS, OCC: PIGMI AGENT, R/O. KADARAVALLI VILLAGE, TQ: KITTUR, DIST: BELAGAVI-591115.

...APPELLANT (BY SRI. K.L. PATIL, ADVOCATE)

AND

1. THE STATE OF KARNATAKA, THROUGH KITTUR POLICE STATION, DIST: BELAGAVI-591115, NOW REP. BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001.

2. MAHADEVI W/O. IRAPPA DIBBAD, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. KADARVALLI, DHARENNAVAR ONI, TQ: KITTUR, DIST: BELAGAVI-591115.

IMPLEADED VIDE ORDER DATED 28/07/2025 …RESPONDENTS (BY SRI. M.B. GUNDAWADE, ADDITIONAL SPP FOR R1; SMT. SURABHI R. KULKARNI, AMICUS CURIAE FOR R2)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2)

OF CR.P.C. PRAYING TO CALL FOR RECORDS IN S.C.NO.377/2018 ON THE FILE OF THE SPL. COURT FOR POCSO AND SC/ST (POA) AND III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI; ALLOW THIS APPEAL AND SET- ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 05/02/2021 AND ORDER OF SENTENCE DATED 06/02/2021 IN SESSIONS CASE NO.377/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI AND THEREBY ACQUIT THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 376(2)(H), (I), (N) OF IPC AND SECTION 4, 5(J), (II), (L), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 14.01.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CAV JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

In this appeal, Judgment and Order dated 05.02.2021 and 06.02.2021 respectively passed by the learned III Additional District and Sessions Judge, Belagavi in S.C.No.377/2018, convicting and sentencing the appellant for offences punishable under Sections 376(2)(h)(i)(n) of the Indian Penal Code, 1860 (for short, hereinafter referred to as ‘IPC’) and Sections 4, 5(j)(ii) and 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, hereinafter referred to as 'POCSO Act']

is under challenge.

2. Parties would be referred with their ranks, as they were before the Trial Court for sake of convenience and clarity.

3. The case of prosecution in nutshell is that accused was usually going to the house of victim girl often whenever her parents were not in the house and even though she was minor, he developed intimacy with her. He used to say that, he would marry her and only with the intention to have sexual intercourse with her on 25.10.2017, accused had been to the house of victim and told her that, he would marry her and had forcible sexual intercourse with her and caused penetrative sexual assault on her in the hall of her house situated at Dharennavar Street, Kadaravalli Village. He did the said act continuously not only on 25.10.2017, but also subsequently and because of that, she became pregnant and gave birth to a male child on 01.09.2018 and thereby accused has committed the Offences punishable under Sections 376(2)(h)(i)(n) of IPC and Sections 4, 5(j)(ii) and 5(l) read with Section 6 of the POCSO Act.

4. The criminal law was set into motion, when the victim lodged the complaint on 29.08.2018 and afterwards, she gave birth to a male child on 01.09.2018.

5. After completion of investigation, the Investigation Officer filed charge-sheet against accused alleging the offences punishable under Sections

376(2)(h)(i)(n) of IPC and Sections 4, 5(j)(ii) and 5(l) read with Section 6 of the POCSO Act.

6. After taking cognizance, the learned Sessions Judge framed the charge against accused/appellant for the offences punishable under Sections 376(2)(h)(i)(n) of IPC and Sections 4, 5(j)(ii) and 5(l) read with Section 6 of the POCSO Act.

7. On behalf of prosecution, 14 witnesses were examined as PWs.1 to 14, got marked Exs.P1 to P