A conviction for sexual assault under the POCSO Act must be supported by cogent medical and testimonial evidence, but sentencing must strictly adhere to the legislative provisions applicable at the time of the incident, prohibiting the retrospective application of enhanced penal amendments.

THIS CRIMINAL APPEAL IS FILED U/S 415 (2) OF BNSS, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 03.12.2024 AND SENTENCE DATED 04.12.2024 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I BELAGAVI IN SC NO.423/2017 FOR THE OFFENCE PUNISHABLE U/S 376, 324, 307 OF IPC AND U/S 4, 5(1)(m)(r), 6 OF POCSO ACT 2012 AND ACQUIT THE ACCUSED/APPELLANT FOR THE CHARGES LEVELLED AGAINST HIM IN THE INTEREST OF JUSTICE.

THIS CRIMINAL APPEAL, HAVING BEEN HEARD AND RESERVED ON 17.04.2026, 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 learned counsel for the appellant and also learned Addl. SPP for the respondent/State.

2. This appeal is filed praying to set-aside the judgment of conviction dated 03.12.2024 and order on sentence dated 04.12.2024 passed in SC No.423/2017 on the file of learned Addl. District and Sessions Judge, FTSC-I, Belagavi (for short, ‘trial Court’) for the offences punishable under Sections 376, 324, 307 of IPC and under Sections 4, 5(1)(m)(r) and 6 of POCSO Act, 2012 and acquit the appellant/accused for the charges leveled against him.

3. The factual matrix of the case of the prosecution before the trial Court is that, on 08.09.2017 at about 19-00 hours, when the daughter of the complainant was playing in the school ground, the accused took her near the backside compound wall of the school and subjected her for sexual act of penetrative sexual assault on her and also bites on her left side cheek and caused injuries to her neck and to her private part and also made an attempt to take away the life of the victim girl by pressing her neck and to screen the evidence, dug the pit and attempted to bury her. Based on the complaint of the complainant, a case was registered and the accused was arrested and the victim girl was also subjected to medical examination and seized the material objects and recorded the statement of witnesses, who have witnessed the accused at the spot along with the child and also other circumstantial witnesses, who gathered near the place of incident. It is also the case of the prosecution that the victim's statement was recorded under Section 164 of Cr.P.C. before the JMFC Court and after obtaining the FSL report and after completion of investigation, the charge sheet was filed before the trial Court. The trial Court took the cognizance and the accused is in judicial custody and he was secured and he did not choose to plead guilty and claims the trial. Hence, the prosecution examined PW1 to PW31 and got marked Exs.P1 to P46 and also marked the material objects as per MO1 to MO13. On closer of the evidence of the prosecution, the accused was subjected to 313 statement of Cr.P.C. and he denied the incriminating circumstances but did not choose to lead any defence evidence. The trial Judge having considered the material available on record both oral and documentary evidence, answered all the charges that have been proved considering the medical evidence as well as evidence of FSL report and also oral testimony of the witnesses and convicted and sentenced the accused for the above charges. Being aggrieved by the judgment of conviction and sentence, the present appeal is filed before this Court.

4. The counsel appearing for the appellant in his argument mainly contended that the trial Judge failed to take note of the variations in the timings of alleged offence was committed