GOVINDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant accused filed the present criminal appeal against the judgment of conviction and order of sentence dated 14.3.2018 made in Special CC No.527/2016 on the file of the LIII Addl. City Civil and Sessions Judge, Bangalore, convicting the accused for the offences punishable under Sections 448 and 376 of IPC r/w Section 5(j)(ii) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and sentencing him to undergo imprisonment for life with fine of Rs.50,000/-.

(2.) This Court by the order dated 20.2.2020 admitted the present criminal appeal. Today, when the matter came up for consideration of I.A. No.2/2019 for suspension of sentence and bail, learned counsel for the appellant accused pointed out that there was no opportunity to cross-examine any of the prosecution witnesses by the defence/accused before the trial Court. Therefore, with the consent of learned counsel for the appellant as well as learned HCGP for the respondent State, the matter is taken up for final disposal.

(3.) It is the case of the prosecution that the accused being neighbour of the victim/complainant (PW.1) having acquainted with the victim, who was then studying in 8th Standard, started persuading her on the way to her school by following her and telling that he likes her very much and he will take care of her nicely and insisted her that he will marry her. About 2 1/2 months prior to 3.9.2016 i.e., on Saturday when the victim returned from school at about 1 p.m. in the afternoon and changing her uniform, accused trespassed into her house and committed forcible sexual intercourse with her by hugging her tightly, taking advantage of the absence of other family members of her house. It is further alleged that the accused committed similar act of forcible sexual intercourse on victim several times in her house. Due to this act of the accused, the victim became pregnant and thereby alleged to have committed offences stated supra.