LAWS(KAR)-2021-12-102

IMAMHUSAIN Vs. STATE OF KARNATAKA

Decided On December 20, 2021
Imamhusain Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C." for short), appellant has challenged his conviction and sentence for the offences punishable under Ss. 376(2)(i)(f), 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for short) and Ss. 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" for short).

(2.) For the sake of convenience, the parties are referred to by their rank before the Trial Court.

(3.) It is the case of the prosecution that complainant Yashodha was given in marriage to one Basavannyya and their marriage took place on 24/4/2001. She led married life with the said Basavannayya for a period of one and half years. Thereafter, she left the house and at that time she was pregnant. Subsequently, she fell in love with accused and started living with him at Byadgi along with her five year old daughter, who is examined as PW.7 (hereinafter referred to as "prosecutrix" for short). Thereafter, they shifted to Basaveshwarnagar of Haveri and were staying in a rented house. At that time, her daughter was studying in Rotary School.