RAJU YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant was charged and prosecuted for having committed rape on the victim who belongs to Scheduled Caste and Scheduled Tribes. The learned Special Judge for Prohibition of Sexual Harassment to Child, 2012 (hereinafter referred to as 'the POCSO Act', for short) and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act', for short) and also III Addl. District and Sessions Judge, Belagavi by judgment dated 10.08.2016 in S.C.No.84/2015 convicted the accused. The accused is requesting interference of this Court to set aside the same.

(2.) We have heard the learned counsel Sri.Santosh B. Rahut for the appellant/accused and the learned Addl. SPP Sri. V. M. Banakar.

(3.) The case of the prosecution in brief is that, the victim was belonging to Scheduled Tribe and was aged about 9 years. On 22.12.2014 at about 3.00 pm, knowing fully well that the victim belongs to Scheduled Tribe community and was a minor, the accused took her to a sugarcane field in R.S. No.3/1 by promising her to give one rupee and thereafter he touched her parts of the body and has also caused scratch injuries over her neck and thereafter he had sexually assaulted her. By hearing the cry, the grand mother went to the field and there she noticed that the victim has been sexually assaulted. The accused by seeing the grand mother of the victim ran away from that place and thereafter they brought the victim to the house and the same was informed to her mother and after hearing the same she filed the complaint. On the basis of the complaint a case has been registered in Crime No.257/2014. Thereafter, after investigation charge sheet has been filed. The Special Court took cognizance and secured the presence of the accused and after hearing charge was framed. Accused pleaded not guilty. He claims to be tried and as such trial was fixed.