BABULAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused has filed this appeal under Section 374(2) of Cr.P.C. challenging the judgment of conviction and order of sentence dated 04.01.2017 and 06.01.2017 respectively passed by the II Additional Sessions and Special Judge at Vijayapura in Special Case (POCSO) No.33/2014, whereby the learned Sessions/Special Judge has convicted the present appellant/accused for the offence punishable under Section 5(m) of Protection of Children from Sexual Offences Act, 2012 ( for short, 'POCSO Act'), punishable under Section 6 of the said Act.

(2.) The brief facts leading to this case are that, the victim Vaishali is the daughter of the complainant- Sangeetha; that on 28.09.2014 at 5.00 p.m., Vaishali, aged about 8 years was playing along with her friendCW.4:Surekha Nagappa Bellubbi in front of the house of the complainant situated in Kotyal Village. Then the accused/appellant came there and under the guise of playing, took them to the land of CW.11-Shivalingawwa @ Bebakka Kumbar known as 'Gavi Hola" situated in front of Muktankar Temple, where the Tuwar Crop was grown, under the pretext of playing with them. The accused made CW.4-Surekha Nagappa Bellubbi to stand at some distance and taken the victim in side Tuwar Crop and removed her nikkar and made her to lay on the ground and committed rape on her knowing fully well that the victim girl was minor aged about eight years. Then the victim started crying and on hearing cry of victim girl, CW.4-Surekaha, who was made to stand at a some distance, also started crying. Hearing their cries, CW.5- Kaveri @ Kavya Bhimappa Ramathirth, who was proceeding nearby the said land, went inside the Tuwar Crop and on seeing CW.5, the accused ran away. The complainant was not in station on that day and when she returned, the victim was crying because of stomach ache, and when the complainant enquired, the victim has narrated the entire incident and thereafter the complainant lodged a complaint and on the basis of the said complaint, Investigating Officer has registered a crime by issuing FIR. Thereafter, he apprehended the accused, drawn a mahazar and also recorded statement of the victim as well as other witnesses. He has also got done medical examination of the victim girl as well as the accused and having found that there is sufficient material against the accused, he submitted the charge sheet against the accused. He has also produced the accused before the Court and the accused was remanded to judicial custody. In the meanwhile, the bail petition filed by the accused came to be rejected.

(3.) The learned Sessions Judge, thereafter, furnished the copies of the prosecution papers to the accused as contemplated under Section 207 of Cr.P.C.. The charge was framed against the accused and the same was read over and explained to the accused. Accused has pleaded not guilty.