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CRL.A No. 100536 of 2021

THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 1^ST DAY OF SEPTEMBER, 2022

PRESENT

THE HON'BLE MR JUSTICE B.M.SHYAM PRASAD

AND

THE HON'BLE MR JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 100536 OF 2021 (A-)

BETWEEN:

STATE OF KARNATAKA,

R/BY THE INSPECTOR OF POLICE,

KHANAPUR POLICE STATION,

DIST. BELAGAVI,

THROUGH THE ADDL.

STATE PUBLIC PROSECUTOR,

ADVOCATE GENERAL OFFICE,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH.

…APPELLANT

(BY SRI. V.M.BANAKAR, ADDL. SPP)

AND:

MATHRU SATERI GURAV,

AGE: 58 YEARS,

R

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CRL.A No. 100536 of 2021

OCC: AGRICULTURIST,

R/O: JAINKOPPA,

TQ. KHANAPUR,

DIST. BELAGAVI-590001.

…RESPONDENT

(BY MISS.VAISHALI K KALADAGI., ADVOCATE)

THIS

CRIMINAL

APPEAL

IS

FILED

UNDER

SECTION 378(1) AND (3) OF CR.P.C., SEEKING TO

GRANT LEAVE TO APPEAL AGAINST JUDGMENT AND

ORDER OF ACQUITTAL DATED 03.03.2020 PASSED BY

THE III RD ADDITIONAL DISTRICT AND SESSIONS

SPECIAL JUDGE, BELAGAVI IN SESSIONS CASE

NO.157/2018 DATED 03.03.2020, SO FAR IT RELATES

TO ACQUITTAL OF THE RESPONDENT/ ACCUSED

FOR THE OFFENCES PUNISHABLE UNDER SECTION

376 OF IPC AND UNDER SECTIONS 4 AND 6 OF

POCSO ACT AND TO SET ASIDE THE JUDGMENT AND

ORDER OF ACQUITTAL PASSED BY THE TRIAL COURT

IN

SO

FAR

ITS

RELATES

TO

ACQUITTAL

OF

RESPONDENT/ACCUSED

FOR

THE

OFFENCE

PUNISHABLE UNDER SECTION 376 OF IPC AND

SECTIONS 4 AND 6 OF POCSO ACT AND TO CONVICT

THE RESPONDENT/ACCUSED FOR THE OFFENCES

PUNISHABLE UNDER SECTION 376 OF IPC AND

SECTIONS 4 AND 6 OF POCSO ACT.

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CRL.A No. 100536 of 2021

JUDGMENT

1.

Feeling aggrieved and dissatisfied with the

judgment and order of acquittal dated 03/03/2020

passed by the Learned III Addl. District and Sessions

Judge, Belagavi in S.C. No.157/2018 for the offence

punishable under Section 376 of Indian Penal Code(for

Short ‘IPC’) and Sections. 4 and 6 of the Protection of

Children from Sexual Offences Act, 2012 (for short, the

‘POCSO Act’), the appellant-State of Karnataka has

preferred this appeal to grant leave to appeal as

provided under Section 378(1) (3) of the Code of

Criminal

Procedure

(for

short

‘Cr.P.C’)

interalia

challenging the judgment and order of acquittal in

favour of the respondent-accused.

2.

The facts as per prosecution case are that

the complainant and the victim are permanent residents

THIS APPEAL COMING ON FOR HEARING THIS

DAY,

G

BASAVARAJA,

J.,

DELIVERED

THE

FOLLOWING:

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CRL.A No. 100536 of 2021

of Jainkoppa village of Khanapur taluka. The young girl

came home on January 5, 2018, at around 17.30, left

her school bag there, and then proceeded to play with

her friends near her school. The accused respondent

called the victim girl by making hand motions while she

was playing with her friends in Anganawadi ground.

When she came there, the accused threatened CWs.14

to 17 and made them flee away before taking the victim

girl away from the Anganawadi school. The accused

/respondent then placed the victim girl on the ground,

removed her undergarments, gagged her mouth to stop

her from yelling, conducted a sexual assault, and

criminally intimidated the victim girl to not disclose the

same to anyone. Therefore, the accused has committed

offences punishable under Sections 376, 506, and

Sections 4 and 6 of the POCSO Act. The Complainant,

mother of the victim girl CW.1- Meenakshi Vittal

Takkekar, had lodged the complaint. Upon receipt of the

complaint, the police registered the case in Crime

No.13/2018 offenses punishable under Section 376,

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CRL.A No. 100536 of 2021

506 and Sections 4 and 6 of the POCSO Act, and

submitted FIR to the Court on 10/01/2018 at 4.00 A.M.

The

accused

was

produced

before

the

learned

Magistrate on the same day and was remanded to

judicial custody. The remand was extended from time to

time till the disposal of the case. After filing the char