KALAVATHI Vs. MADIVALAPPA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 21.12.2015 in S.C. No.159/2013 on the file of 3rd Additional District and Sessions Judge and Special Court for Protection of Children from Sexual Offences, by which the Trial Court acquited all the accused persons for the offences punishable under Sections 366, 368, 376, 109 of the Indian Penal Code, 1860 ( IPC for short) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 ( POCSO Act for short), the appellant, who is the victim before the Trial Court has filed this appeal under Section 372 of the Code of Criminal Procedure, 1973 ( Cr.P.C. for short).

(2.) For the sake of convenience, the respondents are referred to as accused Nos.1 to 5 and appellant, who is the victim is referred to as prosecutrix.

(3.) The allegations against the accused persons are that at the relevant point of time, the prosecutrix was aged 17 years 7 months. On 02.02.2013 at about 04:30 p.m., the prosecutrix alongwith her friend CW.11 Netravati, after attending the computer exam, were proceedings towards Bus Stop to go to Phularkoppa and at that time, accused Nos.1 and 2 approached the prosecutrix and on the pretext of dropping her to the village, kidnapped the prosecutrix on motorbike bearing No.KA-24/Q-1889 and took her to Avarolli Village and confined her in the house of accused No.4 from 02.02.2013 to 05.02.2013. It is further case of the prosecution that during this period, accused Nos.1 and 4 prevented the prosecutrix from escaping from the house and from 02.02.2013 to 04.02.2013 during the night, accused No.1 forcibly had sexual intercourse with the prosecutrix.