MAHARUDRA GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed impugning the judgment dated 7.2.2018 in Spl. S.C. No.46 of 2016 on the file of the Principal District and Sessions Judge and Spl. Judge at Haveri (for short, 'the Special Court'). The appellant by the impugned judgment is convicted for the offences under Sections 342 , 376(2)(f) of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act'). The appellant is sentenced to undergo one year simple imprisonment for offence punishable under Sections 342 of IPC. Insofar as the sentence for the conviction under Section 4 of POCSO Act and 376(2)(f) of IPC , the Special Court, observing that the minimum sentence under Section 376(2) (f) of IPC is ten years which may be extended to life imprisonment and the minimum sentence under Section 4 of the POCSO Act is seven years which may be extended to life imprisonment with fine and the appellant would be liable to undergo the more severe punishment, has sentenced the appellant to imprisonment for life for the offence punishable under Section 376(2)(f) of IPC and to pay fine of Rs.50,000/- with default sentence of rigorous imprisonment of one year.

(2.) The prosecution's case against the appellant- accused is that he, a close relative of the victim aged 11 years and 9 months as of the date of the occurrence, committed the offence of penetrative sexual assault against her and therefore, would punishable under Section 376(2) of IPC and Section 4 of the POCSO Act. The investigation is commenced against the appellant - accused based on the first information filed by Smt. Mamata Basavaraj Gangar, the victim's mother, on18.07.2016, and this first information is scribed by Smt. Honamma, a relative of the victim at the instance of victim's mother.

(3.) It is alleged in this first information that the appellant-accused, who is the victim's cousin being her father's younger sister's son, would frequently visit the victim's home. On 17.7.2016, a Sunday, the victim's parents had left home in the morning for their work in the fields. Their three children, including the victim, were at home. At about 2.00 p.m., when the victim's elder brother had gone out to get his bicycle repaired, the appellant-accused visited the victim's home. At that time, only the victim and her younger sister were at home. The appellant-accused asked the victim's younger sister to go out and play, and when the victim also followed her, he pulled her inside and bolted the door. The appellant-accused pushed the victim to the floor and committed the act of penetrative sexual assault on her. When the victim managed to scream out for help, the appellant-accused ran out. When the victim's parents returned in the evening after their work in the fields, they found the victim disturbed, and on enquiring, she related the incident to her parents.