IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 128 OF 2023 BETWEEN:

NAVEEN SUVARNA @ NAVEEN S @ NAVEEN POOJARY, S/O LATE VASANTHPOOJARY AGED ABOUT 42 YEARS, R/AT SRI DURGA NILAYA, NEAR VAIDYANATH NAGAR PACCHANADI VILLAGE MANGALURU - 575 001.

…APPELLANT (BY SRI. AJAY PRABHU M, ADVOCATE)

AND: Digitally signed by SUMA B N

1. THE STATE OF KARNATAKA Location:

HIGH COURT INSPECTOR OF POLICE, OF KARNATAKA MANGALURU RURAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001.

2. THE VICTIM GIRL D/O KESHAVA ACHARYA AGED ABOUT 22 YEARS R/AT NEAR JAI SANTHOSHI MATHA BAJANA MANDIR, SANTHOSHNAGARA, VAMANJOOR POST, PACCHANADI VILLAGE, MANGALURU - 575 001, REP. BY FATHER OF KESHAVA ACHARYA.

…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;

SRI. B.V. SHRAVAN BHARADWAJ, ADVOCATE FOR R2) THIS CRL.A IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 13.12.2022 AND ORDER OF SENTENCE DATED 14.12.2022, PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/FTSC II (POCSO) D.K., MANGALURU IN S.C.NO.134/2018, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 6 OF THE POCSO ACT R/W SEC.376(2)(n) OF IPC.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the acc used No.2 against the against the judgment of conviction and order of sentence dated 13.12.2022 passed in Special Case No.134/2018 on the file of Additional District and Sessions Judge/FTSC-II (POCSO), D.K., Mangaluru (hereinafter referred to as 'the Trial Court'). By which, the accused No. 2-appellant herein has been convicted for the offences punishable under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 read with Section 376(2)(n) of IPC and has been sentenced to undergo imprisonment for ten years and to pay the fine of Rs.30,000/- and in default to pay the fine, shall undergo further imprisonment for a period of six months.

2. A complaint dated 18.06.2018 came to be filed by victim before the respondent-Police alleging that she was studying in 10^th Standard at Mangalajyothi School till the year 2017 and she had befriended one Sandeep of Jyothinagar, who had promised her of marriage and had sexual intercourse on two occasions. Thereafter, she had not contacted the said Sandeep. Things stood thus, accused No.2-appellant herein somehow learning about the victim having had sexual intercourse with said Sandeep, started blackmailing her and was sending messages through his mobile number onto her mobile number, demanding her to oblige and satisfy his physical need, failing which he would make her relationship with said Sandeep public. Being fearful, one day she had accompanied accused No.2 on his motorcycle to his sister's house at Bondel. On reaching the place, she found one Sudha aunty at the said place, who had left the victim and accused No.2 in the said place and had gone out. During her absence, accused No.2-appellant herein, despite her resistance and screaming forcibly had sexual intercourse under the threat of he making her relationship with Sandeep public. That accused No.2-appellant herein had similar sexual intercourse at the same place at Bondel between August and November, 2017. That during the month of December, 2017, she had missed her periods and on re-opening of her school in the month of May, 2018, her mother had taken her to one Dr. Brundha Shetty on 15.06.2018, where she was found to be pregnant. That the said Dr. Brundha Shetty had advised her to go to Government Lady Goschen Hospital, Mangalore. Where she had disclosed about she having had forcible sexual intercourse with accused No.2 and Sandeep, which information was passed on to the jurisdictional police and accordingly she had lodged a complaint seeking necessary action against the accused persons.

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