CRL.A.No.578/2015

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MS. JUSTICE J.M.KHAZI

CRIMINAL APPEAL No.578/2015

BETWEEN:

SHEKHAR

S/O BASAPPA BHUJANGE,

AGE: 27 YEARS,

OCC: DRIVER,

R/O: KUMBARWADA,

BIDAR-585403.

… APPELLANT

(By SRI. NANDKISHORE BOOB, ADVOCATE)

AND:

STATE OF KARNATAKA

THROUGH THE POLICE SANTHAPUR,

BIDAR POLICE STATION, BIDAR,

REPT. BY ITS SPP

HIGH COURT OF KARNATAKA.

… RESPONDENT

(By SRI. GURURAJ V. HASILKAR, ADDL.SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C. PRAYING TO ALLOW THE APPEAL OF

THE APPELLANT AND SET ASIDE THE JUDGMENT AND

ORDER PASSED BY THE PRINCIPAL DISTRICT & SESSIONS

JUDGE CONCURRENT CHARGE OF ADDITIONAL DISTRICT

& SESSIONS JUDGE, BIDAR AND SPECIAL JUDGE (POCSO

ACT) IN SPL. CASE NO.48/2014 DATED 06.04.2015 AND

ORDER OF SENTENCE PASSED ON 10.04.2015 FOR THE

CRL.A.No.578/2015

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OFFENCES PUNISHABLE U/S 366, 376 OF IPC AND U/S 4 &

6 OF POCSO ACT 2012 AND ACQUIT THE APPELLANT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

ON 02.09.2021, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT THIS DAY, J.M.KHAZI J., DELIVERED THE

FOLLOWING:

JUDGMENT

Appellant/accused has filed this appeal under Section

374(2) of Code of Criminal Procedure (hereinafter referred

to as 'Cr.P.C.' for short), 1973, challenging his conviction

and sentence for the offences punishable under Sections

366, 376 of the Indian Penal Code (hereinafter referred to

as 'IPC' for short) and Sections 4 and 6 of the Protection of

Children from Sexual Offences Act (hereinafter referred to

as 'POCSO Act' for short), 2012.

2.

For the sake of convenience, the parties are

referred to their ranks before the Trial Court.

3.

The charge sheet came to be filed against the

accused for the offences punishable under Sections 354A,

366, 376 of IPC read with Sections 4, 5 and 6 of POCSO

Act.

CRL.A.No.578/2015

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4.

It is alleged that accused who is a married

person was staying along with his wife and children in

Kumbarwada, Bidar, where the prosecutrix who was minor

was living along with her parents and siblings. Since about

4-5 months prior to the date of incident, accused was

pestering the prosecutrix saying that he is in love with her

and that he would marry her. About two months prior to

the filing of the complaint, accused enticed the prosecutrix

and took her to the house of CW.8 and committed rape on

her. On 22.07.2014 while the prosecutrix was at her

grandmother's house at Santapur and was sleeping outside

the house along with her grandmother and others, accused

went there, woke her up by throwing a small stone and

took her near 7^th day Church and committed rape on her

and thereby committed the offences punishable under

Sections 354A, 366 and 376 of IPC r/w Sections 4, 5(m)

and 6 of POCSO Act, 2012.

5.

In respect of the incident dated 22.7.2014 the

complaint is lodged by Smt.Hullabai, the grandmother of

prosecutrix on 23.07.2014. Based on it, the case is

CRL.A.No.578/2015

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registered in Crime No.98/2014 for the offences punishable

under Sections 354A and 366 of IPC. During the course of

investigation,

the

accused

was

arrested.

Both

the

prosecutrix and accused were subjected to medical

examination. The material objects namely clothes of the

prosecutrix as well as the accused were subjected to

chemical examination. The statement of the prosecutrix is

recorded by the Investigating Officer as well as through

the Judicial Magistrate under Section 164 of Cr.P.C. After

recording the statements of the material witnesses and on

completing the investigation, charge sheet is filed against

the accused. Throughout the proceedings before the trial

Court, the accused was in judicial custody. Charge is

framed for the offences punishable under Sections 366,

376 of IPC and Sections 4 and 6 of the Protection of

Children from Sexual Offences Act, 2012 (hereinaft