LAWS(KAR)-2023-7-118

LOKESH Vs. STATE OF KARNATAKA

Decided On July 11, 2023
LOKESH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.PC is filed challenging the impugned judgment and order dtd. 2/4/2019 passed by the learned II Additional Sessions Judge, Kalaburagi in Special Case (POCSO) No.06/2018, by which, the accused has been convicted for the offences punishable under Ss. 341, 354(A), 307, 504, 506, 376, 511 of IPC and Ss. 8 and 18 of the POCSO Act, 2012 and he has been sentenced to undergo RI for a period of 10 years for the offence punishable under Sec. 307 of IPC and fine of Rs.1,00,000.00, and sentenced to undergo RI and pay fine as enumerated in the order of sentence.

(2.) The case of the prosecution is that, on 18/11/2017 at about 12.30 p.m., when CW1 - victim, who was minor aged about 16 years, went near the lake to wash the clothes, the accused came there, held, dragged and abused her in filthy language by putting knife to her neck, and threatened her life and attempted to kill. When the victim tried to escape from the clutches of the accused, he bit on her left hand forcibly, CWs.4 and 5 came to rescue her. Later the accused abused in filthy language, and ran away from the spot. CWs.4 to 8 are the eye witnesses to the incident.

(3.) The learned Sessions Judge framed the charges and read over and explained the same to the accused, to which, the accused denied, and pleaded not guilty, and claimed to be tried.