STATE OF KARNATAKA Vs. SHARANAPPA

JUDGEMENT

(1.) This appeal is preferred by the State challenging the judgment of acquittal rendered by the Court of Principal District and Sessions Judge, Gadag in Special S.C. (POCSO) No.30/2014 dated 25.10.2016, whereby the accused has been acquitted for the offences punishable under Sections 363, 366, 342, 376(2) (h) of the IPC, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and seeking reversal of the judgment of acquittal by considering the grounds as urged in this appeal and to convict the accused for the aforesaid charges leveled against him.

(2.) The case of the prosecution is that, on the complaint given by one Basavaraj Mulimani about the missing of his daughter namely, Soumya aged about 16 years, alleging that, on 29.01.2014 at around 10.00 am, she left the house at Chikkoppa Village in order to go to the V.D.S. Girls High School at Gadag, but she did not return home till evening and despite of search made for his daughter, she could not be traced and the efforts made by them went in vain. On enquiry and as informed by one Shambulingappa, who is cited as CW12, the victim Soumya was found with the accused in Gadag Bus stand area and even on that date the accused also not found in his house. Therefore, on suspicion about the accused that he might have enticed the victim, who is a daughter of the complainant, he filed the complaint. Therefore, on the filing of the complaint by the complainant, the case in Crime No.16/2014 of Betageri P.S. for the offences punishable under Sections 363, 366, 342, 376(h) of the Indian Penal Code, 1860 ( IPC for short), besides Section 4 of the Protection of Children from Sexual Offences Act, 2012 ( POCSO Act , for short), has been registered.

(3.) Heard the learned Addl. SPP for the State and learned Counsel Sri. B. V. Somapur for the respondent/accused. Perused the impugned judgment of acquittal rendered by the trial Court which is stated above.