R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1357 OF 2024 BETWEEN:

RAMACHANDRA S/O. THIMMAIAH, AGED ABOUT 31 YEARS, AUTORICKSHAW DRIVER R/O RATHNASANDRA-GOLLARAHATTI, KASABA HOBLI, TALUKA SIRA, DISTRICT TUMKUR-572 137.

...APPELLANT (BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI. NITYANAND V. NAIK, ADV.)

AND:

1. THE STATE OF KARNATAKA REP. BY SUB INSPECTOR OF POLICE, KALLAMBELLA POLICE STATION, TALUKA SIRA, DISTRICT TUMKUR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE. 560 001

2. VICTIM GIRL, RESENTED BY FATHER LINGAPPA S/O DYAMAPPA, 68 YEARS, R/O RATHNASANDRA-GOLLARAHATTI, KASABA HOBLI, TALUKA SIRA, DISTRICT TUMKUR-572 137.

…RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1, SRI. RAJATH H.V., ADV. FOR R2.)

THIS CRL.A IS FILED U/S 374(2) CR.PC PRAYING TO SETTING ASIDE THE IMPUGNED JUDGMENT OF CONVICTION DATED 03.12.2022 AND ORDER OF SENTENCE DATED 19.12.2022 IN SPL.C.NO.206/2020 PASSED BY THE LEARNED ADDL. DIST. AND SESSIONS JUDGE, (FAST TRACK SPECIAL COURT-I) TUMAKURU AND BY ACQUITTING HIM OF THE OFFENCE P/U/S 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, 366 AND 376 OF IPC ALLEGED AGAINST HIM.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.01.2026 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

1. This appeal is preferred against the judgment of conviction and order on sentence dated 03^rd December, 2022 passed in Spl.C. No.206 of 2020 by the Additional District and Sessions Judge (FTSC-1), Tumakuru (for short "the trial Court").

2. It is the case of prosecution that Circle Inspector of Police, Rural Circle, Sira, laid a charge sheet against the accused for the offence under Sections 343, 363, 376(1) of Indian Penal Code, Section 6 of POCSO Act and Section 9 and 10 of Child Marriage Act. It is alleged by the prosecution that on 22^nd May, 2020 at around 06.30 a.m. within the limits of Kallambella Police Station jurisdiction, in land bearing Sy.No.17 of Ratnasandra Village which belongs to CW1/PW2, the accused enticed PW1, forcibly abducted her and took her to Shri Prasanna Parvathi and Shri Nanjundeshwara Swamy Temple in Arakere Village and tied mangala-sutra to her neck and also put toe ring on her toe, and then took her to a room on the first floor of the previously rented house belonging to CW12. There, the accused wrongfully confined her for 3 days from 22^nd to 25^th May, 2020 and forcibly had sex every day with PW2 victim, who is a minor. Thus, the accused has committed the aforesaid/ offence.

3. After laying charge-sheet, the accused was arrested and was produced before the Special Court and was remanded to judicial custody. From the date of arrest, till this day, the accused is in judicial custody.

4. After submitting charge sheet, cognizance was taken by the Special Court and case was registered in Special Case No. 206 of 2020. Upon hearing the charges, the trial Court has framed charges for commission of alleged offences. Same were read over and explained to the accused. Having understood the same, the accused pleaded not guilty and claimed to be tried. In order to prove the guilt of the accused, 12 witnesses were examined by prosecution as PWs1 to 12. 29 documents were marked as Exhibits P1 to P29 and seventeen material objects were marked as MOs.1 to 17. On closure of prosecution side evidence, statement of accused under Section 313 of Code of Criminal Procedure was recorded. The accused has totally denied the evidence of prosecution, however, he did not choose to lead any defence on his behalf. But during the course of cross-examination of prosecution witnesses, two documents were marked as Exhibits D1 and D2. Having heard the arguments on both sides, the trial Court has convicted the accused for the offence under Section 6 of POCSO Act read with Section 376 of Indian Penal Co