STATE OF KARNATAKA Vs. BASAVARAJU

JUDGEMENT

(1.) In this appeal challenging the judgment of acquittal rendered by the II Addl.District and Sessions Judge, Chitradurga in Spl.Case (POCSO) No.11/2015 dtd. 28/4/2016 acquitting the accused for the offences punishable under Ss. 340, 363, 376, 506 of IPC besides Ss. 4 and 12 of POCSO Act, 2012. In this appeal seeking intervention by consideration of the grounds urged therein and reversal of the acquittal judgment rendered by the trial Court and to convict the accused for the offences for which leveled against them.

(2.) Heard learned HCGP for State and learned counsel Sri B.M.Siddappa for respondent No.1 and learned counsel Sri N.Srinivasa for respondent Nos.2 and 3. Though respondent No.4 is served, but remained unrepresented. Perused the judgment of acquittal rendered by the trial Court.

(3.) The factual matrix of the appeal is as under: It is transpired in the case of the prosecution that on 26/2/2015 at around 7 p.m. when the victim girl went to field to attend her nature call near Lake of Lakshmisagara village and while returning home, accused No.1 forcibly took her to the land bearing Sy.No.60 belonging to his mother Deviramma. He made the victim girl captive in the land whole night and threatened her saying that she will face dire consequences and committed rape on the victim.