IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^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.100369 OF 2022 (A)

BETWEEN STATE OF KARNATAKA, REPRESENTED BY THE POLICE INSPECTOR, DHARWAD, WOMEN POLICE STATION, DHARWAD DISTRICT, THROUGH THE ADDITIONAL STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001.

...APPELLANT (BY SRI. M.B. GUNDWADE, ADDITIONAL SPP)

AND

1. SHRI MUTTAPPA S/O. NINGAPPA VAYAGAL, AGE: 31 YEARS, OCC: LABOURER, R/O. JADAGERI ONI, NEAR HALE MASUTI, ANNIGERI-582201, DIST: DHARWAD-580001.

2. KASTURAVVA W/O. SOMASHEKHARAYYA HIREMATH, R/O. AGASI ONI, ANNIGERI, DIST: GADAG.

CAUSE TITLE AMENDED AS VIDE ORDER DATED 28/07/2025.

…RESPONDENTS (BY SRI. PRAVEEN HUCHAREDDY, ADVOCATE FOR R1;

SMT. ANURADHA R. DESHPANDE, AMICUS CURIAE FOR R2;

P.W.-6 AND P.W.-8 ARE SERVED)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)

AND (3) OF CR.PC., SEEKING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 20.09.2021 PASSED BY II ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, DHARWAD IN SPL.S.C.NO.53/2019 AND TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 20.09.2021 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS SPECIAL JUDGE, DHARWAD IN SPL S.C.NO.53/2019 AND TO CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 376 OF IPC AND UNDER SECTION 6 OF POCSO ACT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 12.02.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CAV JUDGMENT

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

The appellant-State has filed this appeal under Section

378(1) and (3) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) challenging the judgment of acquittal dated 20.09.2021 in Spl.S.C.No.53/2019 on the file of II Addl. District and Sessions Judge and Special Judge, Dharwad (for short ‘trial Court’).

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

3. The case of prosecution in nutshell is that the accused being the relative of complainant was visiting the house of complainant often. Thus, he was in acquaintance with the family members of the complainant. He was having close relationship with the victim who was aged about 7 years. On 30.10.2019 at about 03.30 p.m., when the child victim was playing in front of her house, accused entered the house and as the victim was alone in the house, he asked her to give water, at that time he closed the door and committed sexual assault with her by removing his pant and the panty of the victim and also squeezed her chest and thereby the accused has committed the offences punishable under Section 376 IPC and Section 6 of Protection Of Children from Sexual Offence Act, 2012 (for short ‘POCSO Act).

4. Immediately after the incident, the victim screamed loudly and went inside the house where her mother was preparing sweet pancake ( ºÉÆýUÉ ) and informed it to her mother.

5. On 01.11.2019, the mother of victim lodged the first information and set the Criminal Law into motion. After receipt of the first information, the investigation commenced. The victim and accused were subjected to medical examination; Panchanamas were drawn. The Investigating Officer collected the birth certificate of the victim and other required documents from the concerned authorities. After completion of investigation, Investigating Officer has filed the charge sheet before the Special Court. Afterwards, the learned Sessions Judge has taken cognizance of the aforesaid offences against accused.

6. After hearing both sides, the learned Sessions Judge has framed the charges against accused for the offences punishable under Sections 376 IPC and Section 6 of the POCSO Act.

7. On behalf of prosecution, totally, 18 witnesses were examined as P.W.1 to P.W.18 apart from marking Exs.P.