GUNASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31.12.2016 passed in Spl.C.C.No.286/2015 on the file of LIII Additional City Civil and Sessions Judge, Bengaluru City, whereby the accused is convicted for the offence punishable under section 11 r/w 12 of Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'Act of 2012') and sentenced to undergo simple imprisonment of three years and pay fine of Rs.2,000/- in default to pay fine, to undergo simple imprisonment of another eight months.

(2.) The prosecutrix PW-2, who was then aged about six years was studying in 1st standard. Her father used to drop her to the school in the morning and in the evening, accused was picking her up from the school in his van bearing No.KA- 09-M-3941 and drop her to her house. On 30.03.2015, at about 3.30 p.m., after dropping other children, on the way, the accused is stated to have stopped the van and with intent to commit sexual assault on the minor girl, opened the zip of his pant and exhibited his private part and asked the victim girl to touch it. She refused to do so. Thereafter, he dropped her in the last stop.

(3.) The victim narrated the incident to her mother. She in-turn informed the matter to her husband PW-1. According to PW1, he immediately discussed the matter with one of his friend Jayaprakash(PW-7) and both of them proceeded to school and informed the matter to the Principal. The owner of the van Sri.Gopal-PW-5 was alerted. The accused was brought to the school. He was thrashed by the public and was produced before the police.