STATE OF KARNATAKA Vs. SHARIF

JUDGEMENT

(1.) The State has preferred this appeal under Sec. 378(1) and (3) of Cr.P.C., seeking to grant leave to appeal against the judgment and order of acquittal dtd. 24/4/2019 passed by the II Additional District and Sessions Judge and Spl. Judge, Dharwad in Spl.S.C.No.30/2017 and to set aside the judgment and order of acquittal dtd. 24/4/2019 passed by the II Additional District and Sessions Judge and Spl. Judge at Dharwad in Spl.S.C.No.30/2017 and convict the respondents/ accused for the offences punishable under Ss. 323, 506, 448, 354(D), 376 read with Sec. 34 of the Indian Penal Code, 1860 (for short, 'the IPC') and under Sec. 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').

(2.) The brief facts of the case of the prosecution are that:

(3.) On 8/7/2017, respondents/accused Nos.1 to 3 picked up a quarrel with C.W.10 and assaulted him with their hands. In this regard, the first informant lodged the complaint. After the completion of the investigation, I.O. charge-sheeted the accused for the alleged commission of offences punishable under Ss. 448, 506, 376, 354(D), 323, read with Sec. 34 of the IPC, and Ss. 4 and 12 of the POCSO Act.