STATE OF KARNATAKA Vs. ASIF RASOOLSAB SANADI

JUDGEMENT

(1.) The State has filed this appeal under Sec. 378(1) & (3) of Cr.P.C. challenging the judgment of acquittal dtd. 3/2/2017 passed by the III Additional District and Sessions Judge & Special Judge (POCSO Act), Belagavi in S.C.No.199/2015.

(2.) For the sake of convenience, parties shall be referred with the original ranks occupied by them before the trial court.

(3.) The brief factual matrix leading to the case are as under: Accused is the father of the victim/complainant and they are residing in Laxmi Nagar bearing House No.1286/A, Belagavi. That the accused being the father of the victim girl aged about 14 years and knowing fully well that she is minor had committed forcible sexual assault on her since about 9 months and also on 19/5/2015 by wrongfully confining her in the house had forcible sexual act against the victim girl. When the victim girl had been to the house of her maternal grandmother, the accused went there to secure her and at that time, the victim girl refused to go with the accused and disclosed the fact of sexual assault by the accused. It is further case of the prosecution that mother of the victim girl i.e., wife of the accused is deaf and dumb and when the sexual act of the accused was brought to the notice of P.W.6 i.e., maternal grandmother, she took the victim girl to the police station and a complaint came to be lodged. On the basis of the complaint, investigating officer has registered the crime and the victim was subjected to medical examination. Further, her statement under Sec. 164 of Cr.P.C. before the learned Magistrate was also recorded and the accused was arrested and remanded to judicial custody. The investigating officer has also recorded the statement of the witnesses and collected medical evidence as well as age proof certificate of the victim and found that there is sufficient evidence as against the accused and as such, he submitted the charge sheet against the accused for the offences punishable under Ss. 376(1), 342 and 506 of IPC and Ss. 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short).