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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 24^TH DAY OF APRIL 2019

BEFORE

THE HON’BLE MR. JUSTICE BELLUNKE A.S.

CRL.A NO 100039 OF 2019

BETWEEN

1.

SADDAM HUSSEN MAHIBBOB MULLA,

AGE: 23 YEARS, OCC: MASON WORK,

R/O: RAIBAG, PUNGITOTA, TQ: RAIBAG,

DIST: BELAGAVI.

2.

YUSUF NOORUDDIN MULLA,

AGE: 25 YEARS, OCC: MASON WORK,

R/O: RAIBAG, PUNGITOTA, TQ: RAIBAG,

DIST: BELAGAVI.

3.

ADAM GULABSAB HIPPARAGI @ MULLA,

AGE: 23 YEARS, OCC: MASON WORK,

R/O: RAIBAG, PUNGITOTA, TQ: RAIBAG,

DIST: BELAGAVI.

..... APPELLANTS

(BY SRI A G MULAWADMATH, ADV.)

AND

STATE OF KARNATAKA

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

DHARWAD.

REPRESENTED RAIBAG POLICE STATION.

..... RESPONDENT

(BY SRI R. RAVINDRA NAIK, HCGP)

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THIS CRIMINAL APPEAL IS FILED U/S 374(2) OF

CR.P.C. SEEKING THAT THE JUDGMENT OF CONVICTION

AND ORDER OF SENTENCE PASSED BY THE III-ADDL.

DIST. & SESSIONS JUDGE & SPECIAL COURT UNDER

POCSO

ACT,

2012

AT

BELAGAVI

PASSED

IN

S.C.NO.202/2016 DATED 10.01.2019 AND SENTENCE

DATED 11.01.2019 AND THEREBY CONVICTING THE

APPELLANTS FOR THE OFFENCES U/S 341, 376, 506 OF

IPC AND U/S 109 R/W 34 OF IPC AND SEC. 17, 4, 5(n), 6

& 18 OF THE POCSO ACT, BE SET ASIDE.

RESERVED FOR JUDGMENT ON : 03.04.2019

JUDGMENT PRONOUNCED ON : 24.04.2019

THIS CRIMINAL APPEAL, HAVING BEEN HEARD AND

RESERVED

FOR

JUDGMENT,

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE COURT

DELIVERED THE FOLLOWING :

JUDGMENT

This is an appeal preferred by the accused

Nos.1 to 3 against the judgment and order of

conviction and sentence dated 10.01.2019 passed

by the learned III Addl. District and Sessions

Judge & Special Court under POCSO Act, 2012 at

Belagavi, in S.C.No.202/2016.

By the impugned judgment, the accused have

been convicted for the offence punishable under

Section 341 of IPC and sentenced to undergo

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simple imprisonment for one month and to pay

fine of Rs.5,000/- each;

Accused

are

convicted

for

the

offence

punishable

under

Section

506

of

IPC

and

sentenced to undergo simple imprisonment for one

year and to pay fine of Rs.5,000/- each;

Accused are further convicted for the offence

punishable under Section109 of IPC and Section 17

of POCSO Act, 2012 and sentenced to undergo

simple imprisonment for ten years and to pay fine

of Rs.10,000/- each;

Accused are further convicted for the offence

punishable under Section 4 of the POCSO Act and

sentenced to undergo simple imprisonment fro

seven years and to pay fine of Rs.5,000/- each;

Accused are further convicted for the offence

punishable under Section 5(n) & 6 of POCSO Act,

2012

and

sentenced

to

undergo

simple

imprisonment for ten years and to pay fine of

Rs.10,000/- each; and

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Accused are further convicted for the offence

punishable under Section 18 of the POCSO Act,

2012

and

sentenced

to

undergo

simple

imprisonment for seven years and to pay fine of

Rs.5,000/-.

2.

Briefly stated the facts of the case are

as under:

The complainant’s daughter aged about 11

years was staying in the house of the elder sister

of the complainant and she was pursuing her

studies

at

Kudachi

in

5^th

standard.

The

complainant’s sister’s daughter had delivered a

baby. Therefore, in order to help her aunt, the

victim girl was staying in her house. According to

the

complainant,

on

14.03.2016,

the

victim

girl/CW-8

was

reported

to be suffering from

stomach pain. Therefore, the accused No.1 took

her in a Martui car bearing registration No.MH-

12AF/8875 to the hospital at Raibag. After taking

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treatment, the victim and accused No.1 were

returning home in the said car. When they reached

near taluk sports ground situated on Raibag-

Kanchakar wadi road, on the eastern side, within

the limits of Raibag Police station, the accused

No.1 stopped the car on a false pretext, that the

car is locked. Then, the accused No.1 called

accused Nos.2 and 3 over a