THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 U.K. KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO) ACT IN SPL CASE NO. 88/2019 DATED 24.08.2022 AND 25.08.2022 AND ACQUIT THE APPELLANT FOR THE CHARGES LEVELED AND ORDER OF CONVICTION PASSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 366, 376, 506 OF IPC., AND UNDER SECTIONS 4 AND 6 OF POCSO ACT AND UNDER SECTIONS 3(ii)(v) of SC/ST PREVENTION OF ATROCITIES ACT, 1989 AND AMENDMENT ACT, 2015 AND ETC.

THIS APPEAL, COMING ON FOR REPLY ARGUMENTS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH

AND

THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

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

Heard the learned counsel for the appellant and the learned Addl. SPP for the respondent No.1/State and Amicus Curie appearing for respondent No.2/complainant.

2. This appeal is filed against the judgment of conviction dated 24.08.2022 and order on sentence dated 25.08.2022 passed in Spl.Case No.88/2019 on the file of learned Addl. District and Sessions Judge, FTSC-I, U.K., Karwar (Special Court for trial of cases filed under POCSO Act) (for short, ‘trial Court’) imposing the sentence of life imprisonment for the offence punishable under Section 3(2)(v) of the Schedule Castes/Schedule Tribes (Prevention of Atrocities Act) 1989 and Amendment Act 2015, Section 376 of IPC and Sections 4 and 6 of POCSO Act with fine of Rs.90,000/- and the accused was sentenced to undergo for a period of four years and to pay fine of Rs.15,000/- for the offence punishable under Sections 363 and 366 of IPC and also imposed default sentences for both the offences; the accused was also convicted for the offence punishable under Section 506 of IPC and sentenced to undergo simple imprisonment for six months with fine of Rs.5,000/- and given the benefit under Section 428 of Cr.P.C. and also directed that the fine imposed to the accused shall be recovered from him and shall be paid to the victim girl and apart from that, the trial Court directed to pay an amount of Rs.2,90,000/- under Section 357A of Cr.P.C. under the victim’s compensation scheme and directed the DLSA, Karwar to pay the compensation to the victim girl. The appellant prays to set aside the judgment of conviction and order on sentence.

3. This Court directed the Member Secretary, DLSA, Karwar as to whether the compensation is disbursed to the victim girl, for which the report is received from the Member Secretary, DLSA, Karwar stating that the amount of Rs.2,90,000/- is not disbursed to the victim girl.

4. The factual matrix of the case of the prosecution is that the accused knowing fully well that the victim girl is a minor and belongs to Hindu Holera community, which comes under SC category and the accused belongs to Muslim community, persuaded her saying that he is loving her and would marry her and on 18.09.2019 at 7.30 p.m., he pretended that the victim girl’s mother has met with an accident and making such statement, he took the victim girl to the road, which is near his house, situated at Bombay Chal, Dhandeli; from there, he took the victim girl on his motorcycle bearing reg. No.KA-31/V-5282 to old Dhandeli Forest Depot, Kumbarakoppa, Survey No.7A/1 forest area. The accused tied her legs with chudidar veil and tied her legs with rope and subjected her for sexual act and when the victim girl reacted that she will tell the same to her mother and police, the accused abused her in a filthy language and threatened her with dire consequences that if she tells the same to anyone, he is going to take away her life. Thereafter, the accused took her to the house of CW7-Anil, bearing No.B-1698 situated at Gandhinagar, Dandeli at 10.30 p.m. on his motorcycle and stayed in the said house and once again he committed forcible sexual intercourse with her on the same nigh