MOHANA Vs. STATE

JUDGEMENT

(1.) This appeal is by the accused challenging his conviction in relation to o ffences punishable under sec. 376 IPC and Sec. 4, 6 and 8 of the Prevention of Children from Sexual Offences Act ('POCSO' for short), in Spl.Case .No .150/2017 on the file of Special, 2nd Addl. District and Sessions Judge, Chitradurga.

(2.) FIR was registered on 19.5 .2017 in regard to incident that took place in the intervening night of 17/18/5/2017. PW.1 is the daughter of PW.7 - Man junatha and PW.8 - Manjula. In the evening of 17 .5.2017, PW.1, 7 and 8 attended the marriage of their relative . By 9 .00 p .m., PW.1 had dinner and about 11.30 p .m., the accused asked her to come out as he wanted to speak to her. But she did not go . Around 12 O'clock in the night as she returned home feeling sleepy, she opened the door of her house, the accused who had also followed, came inside the house and asked her to bring a glass of drinking water. As she went inside to bring water, he bolted the door and then committed rape on her. When they were inside, PW.7 came and knocked at the door. PW.1 opened the door; PW.7 came inside and beat the accused seeing him inside the house. The accused ran away from that place . PW.1 went to the backyard of the house fearing that her father might beat her and spent time sitting near a bush till dawn.

(3.) At the conclusion of trial, analysing the evidence of 22 witnesses, and 26 documents as per Exs.P.1 to P.26, the trial court found the accused guilty of the offences aforesaid. The findings of the trial court are that evidence given by PWs.1, 2, 7 to 9 is very much important. PW.1 has given a clear account of the incident. Her testimony is corroborated by the evidence of PWs.2, 7, 8 and 9. The evidence given by doctors examined as PWs.13, 15 and 16 strengthens the prosecution case and therefore the prosecution has been able to prove its case beyond reasonable doubt.