SHESHAGIRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused challenging the judgment of conviction and order of sentence passed by the learned II Addl. District and Sessions and Spl. Judge, Dharwad, in Special S.C.No.34/2016 dated 16.08.2017.

(2.) We have heard Sri Namadev S.Badiger, learned counsel appearing for the appellant/accused and Sri V.M.Banakar, learned Addl. SPP appearing for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that the victim is the daughter of the accused. On the intervening night of 21.05.2016 and 22.05.2016, because of humidity inside the house, she went outside and slept by the side of her father. When the victim girl was sleeping by his side, accused knowingly full well that she being a minor girl below the age of 18 years, has sexually assaulted her for 2 to 3 times and has committed penetrative sexual assault. In the morning, after receiving a phone call from the general public that the minor girl has been sexually assaulted by her father, the District Child Protection Officer and the police went to the house of the accused. But the accused was not there. They found the victim girl. On enquiry, she revealed the fact of penetrative sexual assault committed by her father/the accused, on the intervening night of 21.05.2016 and 22.05.2016. In that regard, the District Child Protection Officer lodged the complaint and on the basis of the said complaint, a case has been registered in Cr.No.144/2016. Thereafter, after investigation, the charge-sheet came to be filed.