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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 30^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL APPEAL NO.100172 OF 2014

BETWEEN

STATE OF KARNATAKA

REPRESENTED BY THE POLICE SUB INSPECTOR

GANGAVATHI RURAL POLICE STATION,

THROUGH THE ADDL. STATE PUBLIC PROSECUTOR

ADVOCATE GENERAL OFFICE,

HIGH COURT OF KARNATAKA, DHARWAD.

...APPELLANT

(BY SRI. RAMESH B CHIGARI, HCGP)

AND

BHARAMAPPA S/O NAGAPPA

AGE: 22 YEARS, OCC: AUTO COOLIE,

R/O. AGALAKERA HALIVASTI HEBBAL,

TQ: GANGAVATHI, DIST:KOPPAL

…RESPONDENT

(BY SRI. SANTOSH B MALAGOUDAR, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED U/S 378(1) & (3) OF

CR.P.C. SEEKING TO GRANT SPECIAL LEAVE TO APPEAL

AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED

30.04.2014 PASSED BY THE PRL. DIST. & SESSIONS JUDGE,

KOPPAL IN POSCO S.C.NO.6/2013 AND TO SET ASIDE THE

JUDGMENT AND ORDER OF ACQUITTAL DATED 30.04.2014

PASSED BY THE PRL. DIST. & SESSIONS JUDGE, KOPPAL IN

POSCO

S.C.NO.6/2013

AND

CONVICT

THE

RESPONDENT/ACCUSED FOR THE OFFENCES P/U/S 363, 366 OF

IPC AND U/S 8 OF THE POSCO ACT, 2012.

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THIS APPEAL HAVING BEEN HEARD AND RESERVED ON

16.08.2021 AND COMING ON FOR PRONOUNCEMENT THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by the State under section 378(1)

and (3) of Cr.P.C., challenging the judgment of acquittal

dated 30.04.2014 passed by the Principal District and

Sessions Judge, Koppal in POCSO S.C.No.6/2013 and

prayed for setting aside the judgment of acquittal by

convicting the respondent-accused.

2.

For the sake of convenience, parties herein are

referred as per the original ranks occupied by them before

the Trial Court.

3.

The case of the prosecution is that the accused

was staying in the house of his uncle, i.e. CW12 since six

months by running an auto on hire basis and the said

house is near the house of the complainant. That the

complainant had a minor daughter aged about 15 years

and accused used to follow her whenever she used to go to

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bring water and he also used to molest her by holding her

hands and touching her chin. When the victim brought it to

the notice of the complainant, the complainant warned the

accused in this regard on 2 to 3 occasions. In spite of the

same, the accused continued his attitude. That on

13.09.2013, in Hebbal village, the victim was alone in the

house and all other family members went to see Ganesh

festival, then the accused came to the house of the

complainant and asked the victim to join him so that they

can marry each other but the victim denied. Then, the

accused threatened her that if she does not accompany

him, he is going to die. Then, the victim joined him and

accused took her in auto bearing No.KA-37/A2260 and

they went to Ayodhya cross and from there they went to

Bengaluru. In the meanwhile, the complainant has lodged

a complaint after coming to know that the accused took his

daughter with him in auto and after getting the knowledge

of the same, the accused brought the victim back from

Bangalore to Hospete and on 15.09.2013, the accused was

apprehended in Hospete bus stand along with victim girl.

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The investigating officer has subjected both of them to

medical examination and submitted charge sheet against

the accused for the offence punishable under Sections 363,

366 of IPC and Section 8 of the POCSO Act. It is the

specific allegation of the prosecution that the accused

kidnapped a minor victim girl from the lawful guardianship

of complainant against the consent of complainant/

guardian, inducing the victim girl to go with him under the

pretext of marrying her, that too having knowledge of she

being minor aged about 14 years only.

4.

On the basis of submission of charge sheet,

the learned Sessions Judge has taken cognizance of the

offence and the presence of the accused was secured. The

accusation under Section 363, 366 of IPC