IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23^rd DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI CRIMINAL APPEAL NO.100177 OF 2024 BETWEEN:

SUBHAS S/O. BASAVANTAPPA AGASIMANI, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. MALLANAYAKANAKOPPA-581104, TQ. SHIGGAON, DIST. HAVERI.

…APPELLANT (BY SRI. HANUMESH DESAI, AMICUS CURIAE)

AND:

THE STATE OF KARNATAKA, THROUGH BANKAPUR P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, VI NAYAKA DHARWAD BENCH.

B V …RESPONDENT (BY SRI. M.B. GUNDAWADE, ADDL. S.P.P)

Digitally sig ned by VINAYAKA B V THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF Date: 2026.04.24 10:13:05 +0530 CR.P.C., SEEKING TO ALLOW THE APPEAL AND ACQUIT THE APPELLANT BY SETTING ASIDE THE JUDGMENT OF CONVICTION DATED 03.01.2020 AND SENTENCE DATED 06.01.2020 IN SPL.S.C. NO.185/2017 BEFORE THE COURT OF I ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, AT HAVERI, AGAINST THE APPELLANT HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

363, 302 AND 201 OF IPC AND SECTION 12 OF THE POCSO ACT AND SENTENCING THE ACCUSED FOR PERIOD OF SEVEN YEARS AND A FINE OF 10,000/- AND IN DEFAULT TO PAY THE FINE TO UNDERGO IMPRISONMENT FOR 3 MONTHS, FOR THE OFFENCE PUNISHABLE UNDER SECTION 363 OF IPC AND THE CONVICT IS SENTENCED TO IMPRISONMENT FOR LIFE AND A FINE OF 50,000/- AND IN DEFAULT TO PAY THE FINE TO UNDERGO IMPRISONMENT FOR 5 MONTHS, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC. FURTHER, THE CONVICT IS SENTENCED TO IMPRISONMENT FOR 7 MONTHS AND A FINE OF 2,000/- AND IN DEFAULT TO PAY THE FINE TO UNDERGO IMPRISONMENT FOR 5 MONTHS, FOR THE OFFENCE PUNISHABLE UNDER SECTION 201 OF IPC. THE CONVICT IS SENTENCED TO IMPRISONMENT FOR THREE YEARS AND FINE OF RS.5,000/- AND IN DEFAULT TO PAY THE FINE TO UNDERGO IMPRISONMENT FOR 2 MONTHS, FOR THE OFFENCE PUNISHABLE UNDER SECTION 12 OF POCSO ACT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CRIMINAL APPEAL, HAVING BEEN HEARD AND RESERVED ON 16.04.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, JUSTICE H.P.SANDESH, DELIVERED THE FOLLOWING:

CORAM: THE HON’BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

Heard the Amicus Curie for the appellant and also the learned Addl. SPP for the respondent/State.

2. This appeal is filed challenging the judgment of conviction dated 03.01.2020 and order on sentence dated 06.01.2020 passed in Spl.SC No.185/2017 by the learned I Addl. District and Sessions Judge and Special Judge, Haveri (for short, ‘Trial Court’), convicting the accused for the offences punishable under Sections 363, 302 and 201 of IPC and Section 12 of the POCSO Act and imposing sentence of imprisonment for seven years and a fine of Rs.10,000/- and in default to pay the fine, to undergo imprisonment for three months, for the offence punishable under Section 363 of IPC; sentenced to undergo imprisonment for life and a fine of Rs.50,000/- and in default to pay the fine amount, to undergo imprisonment for five months, for the offence punishable under Section 302 of IPC; sentenced to undergo imprisonment for seven months and a fine of Rs.2,000/- and in default to pay the fine to undergo imprisonment for five months, for the offence punishable under Section 201 of IPC; imprisonment for three years and a fine of Rs.5,000/- and in default to pay the fine amount, to undergo imprisonment for 2 months, for the offence punishable under Section 12 of the POCSO Act and acquitted the accused for the offences punishable under Sections 4 and 6 of POCSO Act and Section 377 of IPC, and hence, the accused prays this Court to set-aside the judgment of conviction and sentence.

3. The factual matrix of the case of the prosecution while invoking the offences punishable under Sections 363, 377, 302, 201 of IPC and Sections 4, 6 and 12 of POCSO Act, is that, a charge is made against the accused that on 16.05.2017, at about 04.00 p.m. from the pla