STATE OF KARNATAKA Vs. BHARAMAPPA S/O NAGAPPA

JUDGEMENT

(1.) This appeal is filed by the State under section 378(1) and (3) of Cr.P.C., challenging the judgment of acquittal dated 30.04.2014 passed by the Principal District and Sessions Judge, Koppal in POCSO S.C.No.6/2013 and prayed for setting aside the judgment of acquittal by convicting the respondent-accused.

(2.) For the sake of convenience, parties herein are referred as per the original ranks occupied by them before the Trial Court.

(3.) The case of the prosecution is that the accused was staying in the house of his uncle, i.e. CW12 since six months by running an auto on hire basis and the said house is near the house of the complainant. That the complainant had a minor daughter aged about 15 years and accused used to follow her whenever she used to go to bring water and he also used to molest her by holding her hands and touching her chin. When the victim brought it to the notice of the complainant, the complainant warned the accused in this regard on 2 to 3 occasions. In spite of the same, the accused continued his attitude. That on 13.09.2013, in Hebbal village, the victim was alone in the house and all other family members went to see Ganesh festival, then the accused came to the house of the complainant and asked the victim to join him so that they can marry each other but the victim denied. Then, the accused threatened her that if she does not accompany him, he is going to die. Then, the victim joined him and accused took her in auto bearing No.KA-37/A2260 and they went to Ayodhya cross and from there they went to Bengaluru. In the meanwhile, the complainant has lodged a complaint after coming to know that the accused took his daughter with him in auto and after getting the knowledge of the same, the accused brought the victim back from Bangalore to Hospete and on 15.09.2013, the accused was apprehended in Hospete bus stand along with victim girl. The investigating officer has subjected both of them to medical examination and submitted charge sheet against the accused for the offence punishable under Sections 363, 366 of IPC and Section 8 of the POCSO Act. It is the specific allegation of the prosecution that the accused kidnapped a minor victim girl from the lawful guardianship of complainant against the consent of complainant/ guardian, inducing the victim girl to go with him under the pretext of marrying her, that too having knowledge of she being minor aged about 14 years only.