IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.821 OF 2022 BETWEEN:

SRI VENKATARAVANA S/O NARAYANASWAMY AGED ABOUT 30 YEARS R/O KOPPAVALIPALLI VILLAGE NALAVANKI HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT 563 135 ...APPELLANT (BY SRI. GIRISH R., ADV.)

AND:

STATE OF KARNATAKA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, SRINIVASAPURA CIRCLE SRINIVASAPURA TALUIK, KOLAR DISTRCT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001 …RESPONDENT (BY SRI. M. DIWAKAR MADDUR, HCGP)

THIS CRL.A IS FILED U/S 374(2) OF CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER ON SENTENCE DATED 15.02.2022 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO), KOLAR IN SPL.C.(P) no.21/2020 CONVCITING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 363, 506, 324, 376(2)(N) OF IPC AND SEC.6 OF POCSO ACT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 19.01.2026 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA CAV JUDGMENT

1. The appellant has preferred this appeal against the judgment of conviction and order on sentence dated 15.02.2022 passed in Spl.C.(P) No.21 of 2020 by the Additional District and Sessions Judge FTSC-I (POCSO) at Kolar (for short “the trial Court”).

2. Parties herein are referred to as per their status and rank before the trial Court.

3. The brief facts leading to the present appeal are that the Circle Inspector of Police, Srinivasapura Circle, Srinivasapura Taluk filed a charge sheet against the accused for the offence punishable under Sections 363, 376, 506 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It is alleged by the prosecution that on 12.05.2020 at about 09.00 pm, when the victim girl had gone to backyard of her house to attend to nature call, the accused came there, gagged her and dragged her to the eucalyptus grove of Venkatanarasimha Bhattachar, adjacent to the land of Yakashi Byreddy in Koppavaripalli Village. It is further alleged that the accused removed her clothes, and when she opposed, he bit her cheeks and committed rape on her repeatedly till about 04.00 am. At about 04.00 am, the victim girl escaped from the accused, returned to her house and informed her parents about the incident.

4. On 15.05.2020, victim girl filed a complaint before the police based on which, the case was registered in Crime No.33/2020 of Gownipalli Police Station. The Investigating Officer arrested the accused and recorded the statements of the witnesses and statement of victim under Section 164 of the Cr.PC through Magistrate, subjected the victim and accused to medical examination, conducted mahazars, collected the school documents regarding date of birth of victim, collected the FSL report and after completion of investigation, filed the charge sheet.

5. Since the date of arrest, accused is in judicial custody. Upon hearing on charges, the trial Court framed the charges for the commission of offences, which were read over and explained to the accused. Having understood the same, the accused pleaded not guilty and claimed to be tried.

6. To prove the case of the prosecution, in all seven witnesses were examined as PWs1 to PW7, 19 documents were marked as Exs.P1 to P19 and 19 material objects were marked as MO1 to 19. On closure of prosecution's evidence, statement of the accused under Section 313 of Cr.PC was recorded. The accused denied the evidence of prosecution witnesses. However, did not choose to adduce any defence evidence on his behalf.

7. Having heard the arguments on both sides, the trial Court has convicted the accused for the commission of offence under Sections 363, 506, 324, 376(2)(n) of IPC and Section 6 of POCSO Act. The accused was sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.5,000/- fo