STATE Vs. NAVEENA K.

JUDGEMENT

(1.) This appeal is by the State challenging the judgment dtd. 14/9/2016 in Special Case No.37/2014 on the file of II Additional District and Sessions (Special) Judge, Dakshina Kannada, Mangaluru.

(2.) The prosecution case is that, on 27/1/2014 around 06.30pm, when a minor girl i.e., PW1 was returning from a shop buying salt, both the accused stopped her on the way and took her forcibly to a nearby cashew plantation and committed rape on her.

(3.) On the basis of the report made by PW1, FIR was registered and the investigation held thereafter resulted in accused No.1 being charge sheeted for the offences punishable under Ss. 341 and 376(D) of IPC and Sec. 4 of POCSO Act. Accused No.2 was a Juvenile.