THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 26-02-2019 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, IN SPECIAL CASE NO.116 OF 2018, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 4 OF POCSO ACT.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

This appeal is preferred by the convict, challenging the judgment and order of conviction and sentence passed against him by the Court of I Additional District and Sessions Judge, Ramanagara, in Special Case No.116/2018.

Vide impugned judgment and order, the trial Court has convicted the appellant for the offence punishable under Section 4 of the POCSO Act, 2012, and sentenced him to undergo rigorous life imprisonment and to pay fine of Rs.25,000/-, in default, to undergo further six months of imprisonment.

We have heard the learned counsel Sri N.R.Krishnappa appearing for the appellant, learned HCGP Sri Rahul Rai appearing for the State and Sri V.S. Vinayaka, learned Amicus Curiae appearing for respondent No.2/father of victim. Perused the evidence and material on record.

The case of prosecution is that, about4-5 months prior to 13.03.2018, when there was no one present in the house, accused knowing fully well that the victim girl is a minor, misbehaved with her and committed forcible penetrative sexual assault and impregnated her and thereby committed an offence under Section 4 of the POCSO Act, 2012.

Law was set into motion on a complaint lodged by the victim herself, marked as Ex.P1. It is stated that the victim is a resident of Antaragange palya, Kuduru Hobli, Magadi Taluk, Ramanagara District. Her mother is no more. She is residing along with her father and brother. Her father had left the house about 8 to 10 months prior, after quarrelling with the neighbours and he was living in the house of their relatives in Gunnagere Village. Hence, victim and her brother were residing in the house. About 4-5 months prior, victim's cousin sister's husband, Babu, i.e., the accused, started visiting the house when there was no one present and he developed a close acquaintance with her. He was misbehaving with her and in spite of her resistance, committed forcible sexual intercourse on her. He told he would marry her and not to disclose the incident to others. Hence, she did not reveal the incident to others. About one and half months prior, her sister, Jyothi, informed one Gangamma, a Anganvadi Teacher, noticing her fat stomach. The said Gangamma took her to Government Hospital, Kuduru, wherein the doctor who examined her told that she is 3 months pregnant. The matter was then informed to victim's brother and after 3 days, she was taken to Balamandira.

In Ex.P1, victim has stated that the accused is responsible for her to become pregnant and sought to take action against him.

The SHO of Kuduru Police Station - PW9, on receiving the complaint, registered a case against the accused and forwarded the FIR-Ex.P8 to the concerned Court.

PW10 - C.P.I. took up further investigation, he arrested the accused on 15.03.2018, sent him for medical examination and also sent the victim girl to Government Hospital, Ramanagara, for medical examination. The victim's statement was recorded by the learned JMFC under 164 Cr.P.C. The spot mahazar - Ex.P3 was prepared in the house of the victim. The age proof certificate - Ex.P5 of victim was collected from Kuduru Government School, where she was studying and the documents from Vandaraguppe Girl's School pertaining to the victim, marked as Ex.P14, were also collected and on completion of investigation, charge sheet was filed.

Before the trial Court, prosecution got examined PWs.1 to 10 and got marked Exs.P1 to P14 to establish the charg