ANAND Vs. STAE

JUDGEMENT

(1.) This appeal is preferred by the accused challenging the judgment and order dtd. 26/2/2018 passed by the Court of LIII Additional City Civil and Sessions Judge, Bengaluru in Special C.C. No.292/2017, convicting and sentencing him for offence punishable under Ss. 366 and 376 of IPC and Ss. 5(l) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as 'POCSO Act' for short].

(2.) Heard the learned counsel for appellant, learned High Court Government Pleader for respondent/State and perused the evidence and material on record.

(3.) Brief facts of the prosecution case are that, accused got acquainted with complainant's minor daughter (PW.1), while she was staying in her grand mother's house in Kanakapura and pursuing her studies. About 2 to 3 months prior, he secured her near Kabbalamma temple and from there took her to a lodge and committed forcible penetrative sexual assault on her, in spite of her assistance, telling her that he will marry her and he is in love with her. Later threatened her not to disclose the incident to any body.