IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 1231 OF 2023 (C)

BETWEEN:

GURUMURTHY M.R @ GURU @ GOMBE S/O RAGHU AGED ABOUT 22 YEARS R/A AMBEDKAR VEEDHI ALAMPUR VILLAGE CHIKKAMAGALURU - 577 101.

…APPELLANT (BY SRI NIRMALA KRISHNA, ADV.)

AND:

1. STATE OF KARNATAKA BY BANAKAL POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

2. LAKSHMI W/O GANESH B.D.

Digitally signed by NANDINI M AGED ABOUT 38 YEARS S R/A BETTEGERE VILLAGE Location: HIG H COURT OF BANAKAL HOBLI KARNATAKA MUDIGERE TALUK CHIKKAMAGALURU - 577 113.

…RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1;

SRI A PUNEETH KUMAR, ADV., FOR R-2)

THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND CONVICTION SENTENCE DATED 31.07.2021 IN SPECIAL CASE (POCSO) NO.14/2020 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC I CHIKKAMAGALURU CONVICTED FOR OFFENCE P/U/S.376(2)(n),450,506 OF IPC AND SEC.5(j)(ii),5(L),6 OF POCSO ACT 2012 AND ACQUIT THE APPELLANT.

THIS APPEAL, COMING ON FOR DICTATING ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

1. Appellant who is accused and convicted of the offences punishable under Sections 376(2)(n), 450, 506 IPC and Sections 5(j)(ii), 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'), is before this Court being aggrieved by the judgment and order of conviction and sentence dated 31.07.2021 passed in Special Case (POCSO) No.14/2020 by the Court of Addl. District & Sessions Judge, FTSC-1, Chikkamagalur, by which the appellant-accused has been sentenced as under:

(i) For the offences punishable under Section

376(2)(n) of IPC and Sections 5(j)(ii), 5(l) & 6 of the POCSO Act, accused shall undergo rigorous imprisonment for a period of 20 years, and pay fine of Rs.50,000/- and in default, shall undergo simple imprisonment for a period of one year.

(ii) For the offence punishable under Section 450 of IPC accused shall undergo simple imprisonment for a period of one year, and pay fine of Rs.10,000/- and in default, shall undergo simple imprisonment for a period of three months.

(iii) For the offence punishable under Section 506 of IPC, accused shall undergo simple imprisonment for a period of one year.

2. Brief facts and the case of the prosecution is that, when the victim had gone to her grandfather's house at Allampura Village, Chikkamagalur Taluk, about four years prior to 08.02.2020, she became acquainted with the accused/appellant. That they continued to converse over phone. The accused had represented that he was in love with her and would marry her and in the month of June 2019, he had come to her house at Bettagere village of Moodagere Taluk, and when no one was there at home, he had enticed her and had forcible sexual intercourse on four to five occasions. That such forcible act was committed last at 11.00 a.m. on 27.06.2019. He had threatened her not to disclose the same to any of her relatives by stating that he would not marry her if she revealed to anyone. That he is responsible for her becoming pregnant. A complaint in this regard was lodged by her on 08.02.2020 before Banakal Police Station, who registered the case in Crime No.5/2020. Investigation was conducted and statement of the victim was recorded under Section 164 Cr.PC before the Magistrate. Spot mahazar was prepared Statement of the witnesses was taken. Accused was arrested.

3. A charge sheet was filed for the offences punishable under Sections 376(2)(n), 450, 506 of IPC and Sections 5(j)(ii), 5(L) & 6 of the POCSO Act. Accused pleaded not guilty and sought to be tried. The prosecution examined 15 witnesses as PW-1 to PW-15 and produced 21 documents which were marked as Exs.P-1 to P-21. The statement of the accused under Section 313 of Cr.PC was recorded. He has denied the incriminating evidence produced against him.