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THE HIGH COURT OF KARNATAKA
H.P.SANDESH, VENKATESH NAIK T, JJ
THE STATE OF KARNATAKA THROUGH BASAVAPATNA POLICE STATION – Appellant
Versus
JAGADISHA NAIK J – Respondent
| Table of Content |
|---|
| 1. factual matrix and prosecution's case. (Para 2 , 3) |
| 2. arguments raised by respective counsels. (Para 4 , 5 , 6) |
| 3. court's analysis on evidence and inconsistencies. (Para 9 , 10 , 11 , 12) |
| 4. final order of the court. (Para 13) |
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
Heard learned H.C.G.P Smt. Rashmi Patel, appearing for the appellant/State, learned counsel for respondent No.1/accused and Smt. Swasthishree Jain, learned Amicus Curiae appearing for respondent No.3.
The appeal against respondent No.2/complainant stood abated vide order of this Court dated 22.04.2024.
This appeal is filed against the order of acquittal dated 23.03.2018 passed by learned II Addl. District & Sessions Judge & Special Judge, Davanagere in SC No.27/2016 against respondent No.1/accused for the offence punishable under Section 4 of the POCSO Act .
2. The factual matrix of the case of the prosecution is that on 17.11.2015 at about 12.00 in the noon, when PW.5 victim went inside the house of PW.4 to get the clothes stitched and as the door of said house was latched, by removing the same, she went inside and at that time, the accused came from behind and caught hold of PW.5 victim, too
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