ABDULKHADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused/appellant is before this court challenging the judgment dtd. 6/12/2019 passed by the I Additional District and Sessions Judge and Special Judge at Haveri (for brevity 'the trial Court') in Spl. SC/ST No.03/2017 under which the accused was convicted for the offences punishable under Sec. 377 of IPC and Ss. , 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for brevity 'the POCSO Act).

(2.) The case of the prosecution is that on 25/10/2016 at about 10 a.m., PW-1 - complainant had sent her minor son to bring cow dung for the purpose of applying it in the house. When he had gone to the Tank Bund in Savanur, the accused is alleged to have dragged him to a place near a Canal which is situated next to the poultry farm of one Pathan, removed the dress of the minor victim and committed anal penetration with the knowledge that the minor victim belonged to scheduled caste. Thus, offences alleged to have been committed under Sec. 377 of IPC and Ss. 4, 6, 12 of the POCSO Act as also Ss. 3(1)(i), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 1989.

(3.) Upon investigation being completed, the Investigation Officer filed a chargesheet for the offences alleged. The trial Court framed charges, the accused denied the charges and claimed to be tried.