STATE OF KARNATAKA Vs. MURALI

JUDGEMENT

(1.) In this appeal the appellant/State is challenging the judgment of acquittal rendered by the trial Court in S.C.No.86/2015 dtd. 2/3/2017 acquitting the accused for the offences punishable under Ss. 366, 342, 506 of IPC and Sec. 5(1) punishable under Sec. 6 of the POCSO Act, 2012. In this appeal seeking to set-aside the judgment of acquittal by considering the grounds urged in this appeal and convict the accused for the offences which were leveled against him.

(2.) Heard learned HCGP for State and learned counsel for respondent No.1 / accused namely Sri Umesh P.B. Though notice has been served against respondent No.2 - Siddaraju, but remained absent. Perused the judgment of acquittal in S.C.No.36/2015.

(3.) The factual matrix of the appeal is as under: It is transpired in the case of the prosecution that accused is the neighbour in the locality where the complainant was also residing with her parents. He had fallen in love with the complainant and making her to believe that he would marry her, took her to his house and had physical contact with the victim when his parents were in the house. Despite of refusal, he had physical contact so many times by taking her to his house. The complainant/victim was under depression when the accused went back to Bangalore. Therefore, her parents took her to children help line. Before the officials of children help line, she had stated about the lover affairs and physical contact in between her and the accused.