STATE OF KARNATAKA Vs. RAJESAB

JUDGEMENT

(1.) This Criminal Appeal is filed by the State challenging the Judgment and Order of acquittal dated 29.04.2015 passed by the II Addl. District and Sessions Judge and Special Judge, Dharwad in Special Case No.2/2014.

(2.) The case of the prosecution as is evident from Ex.P1 is that the prosecutrix had lodged a complaint on 31.10.2013 at 19.20 hours accusing her father-accused herein of sexual abusing her from the year 2012. Based on the complaint the Appellant registered a case in Crime No.108/2013, for the offences punishable under Sections 376(2), 377, 342, 324, 504, 506 of IPC and Section 6 of the POCSO Act, 2012.

(3.) The statement of the prosecutrix was recorded under Section 165(5) of Cr.P.C. on 07.11.2013. The prosecutrix was subjected to medical examination on 31.10.2013 at Karnataka Institute of Medical Sciences, Hubballi on 31.10.2013 and it was provisionally mentioned that the prosecutrix was 'used to the act like that of sexual intercourse' 'there is no evidence of recent sexual intercourse' and the final opinion was to be given after obtaining the reports from Forensic Science Laboratory, Bengaluru. The Regional Forensic Laboratory gave it's report indicating that there were seminal stain in item Nos.1, 2, 3, 4, 5, 6, 7 and 8. Based on the opinion of the Forensic Science Laboratory, a final opinion was given reiterating the provisional opinion. The accused was subjected to medical examination and was found fit to indulge in intercourse. The Investigating Officer has recorded the statement of the complainant, panch witnesses namely CW-2, 3, 4 and 5 and CW-6 to CW-28.