SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants in this appeal are accused Nos.1 and 2 in S.C. No.7/2017 on the file of the Court of II Additional Sessions Judge, Kolar [Special Court for POCSO].

(2.) This appeal is preferred against the Judgment and Order dtd. 23/1/2019, convicting appellant No.1 for offence punishable under Sec. 363 of IPC r/w. 9 of the Prohibition of Child Marriage Act , 2006, Sec. 376 of IPC and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as 'POCSO Act' for short] and accused No.2 for offence punishable under Ss. 363 r/w. 9 of the Prohibition of Child Marriage Act , 2006.

(3.) Brief facts of the case are that, accused Nos.1 and 2 are the husband and wife. The victim/P.W.2 is the daughter of first informant/P.W.1 and she is the younger sister of accused No.2. During the subsistence of his marriage with accused No.2, accused No.1 intended to marry the victim/P.W.2, a minor, aged about 17 years. On 3/8/2006, both the accused by inducing P.W.2 took her from Seetharamapura to Dharmasthala, where accused No.1 tied 'Thali' to her. She was then kept in the house of one Papamma [P.W.4] at Benganuru village. Again on 12/8/2016, at 2.00 p.m., the accused persons kidnapped P.W.2 with intent that she may be forced to or seduced to illicit intercourse with accused No.1 and took her to B.Kothakota village in Andhra Pradesh and took a rented house belonging to one Adinarayana [P.W.18] wherein, they stayed from 12/9/2016 to 15/9/2016, during which period accused No.1 committed forcible sexual intercourse with P.W.2 against her will.