IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.809 OF 2022 (C)

BETWEEN:

MAHESHA S/O DODDARANGANAYAKA AGED ABOUT 36 YEARS, RESIDING AT MAZID ROAD KADAKOLA VILLAGE, JAYAPURA HOBLI MYSURU DISTRICT – 571 311 …APPELLANT (BY SRI. MAHESH Y.L., ADVOCATE BY LEGAL AID SERVICE)

AND:

STATE OF KARNATAKA Digitally BY MYSURU SOUTH POLICE STATION, signed by REPRESENTED BY PUBLIC PROSECUTOR PAVITHRA B HIGH COURT OF KARNATAKA Location:

BANGALORE – 560 001.

HIGH COURT …RESPONDENT OF KARNATAKA (BY SMT. ANITHA GIRISG, HCGP)

THIS CRL.A FILED U/S.374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 08.12.2020 PASSED IN SPL.C.NO.95/2019 BY HONBLE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 MYSURU AND FURTHER BE PLEASED TO ACQUIT THE APPELLANT FOR THE OFFENCE P/U/S 5(K) R/W 6 OF POCSO ACT AND SEC.506 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The appellant has preferred this appeal against the judgment of conviction and order on sentence passed by the Additional District and Sessions Judge, FTSC-1, Mysuru, in Special Case No.95/2019 dated 08.12.2020.

2. The parties are referred to as per their rank before the Trial Court.

3. The brief facts leading to this appeal are that, the Circle Inspector of Police, Mysore Rural Police Station, Mysore City, submitted the charge sheet against the accused for the offences punishable under Sections 376(2)(l), 376(N) and Section 506 of IPC and Sections 5(j)(ii), 5(k), 5(l) r/w Section 6 of POCSO Act, 2012. It is alleged by the prosecution that the informant is the mother of the victim girl. The victim girl is a handicap minor girl living in the house of accused as a tenant. Five months prior to 04.01.2019 at about 10.30 a.m., when the victim was alone in her house, accused entered the house, closed her mouth and sexually abused her. He has committed sexual assault on the victim girl on 2-3 occasions and victim became pregnant. After committing the crime, he has threatened her that she should not reveal the incident to anybody or else he is going to take away her life.

3.1 That on 07.01.2019 the mother of the victim gave a complaint before the police alleging that she is eking her livelihood by doing coolie. In the year 2013, she has taken the house of accused on lease and she is residing in that house. Since the victim girl is a physically handicap child, she was admitted to school behind time. On 04.01.2019 victim has gone to school as usual. She has returned as she was unwell. She was taken to hospital and in the hospital on examination it is revealed that she is pregnant. On enquiry she has revealed that accused herein has sexually abused her forcibly and has also threatened her not to reveal the incident to anybody.

3.2 Based on the complaint of the complainant, a case was registered against the accused in Crime No.5/2019. After investigation, Investigating Officer has submitted the charge sheet against the accused for the alleged commission of offences.

4. Since the date of arrest, the accused is in judicial custody. On hearing the charges, the trial Court has framed charges for the alleged commission of offences under Sections 376(2)(l) and 506 of IPC and 5(k) r/w Section 6 of POCSO Act, 2012. The same was read over and explained to the accused and having understood the same, the accused pleaded not guilty and claimed to be tried.

5. To prove the guilt of the accused, the prosecution has examined in all eight witnesses as P.W.1 to P.W.8, got marked 19 documents as Ex.P1 to Ex.P19.

No material objects were marked on behalf of the prosecution. On closure of prosecution, statement of accused was recorded under Section 313 of Cr.P.C. The accused has totally denied the evidence of prosecution witnesses. In Section 313 statement, he has stated as