STATE OF KARNATAKA Vs. CHAMA

JUDGEMENT

(1.) The acquittal judgment dtd. 31/8/2016 in Spl. Case (POCSO) No.10/2015 on the file of the II Additional District Judge, Chitradurga has given rise to this appeal by the State under Sec. 378 of the Code of Criminal Procedure.

(2.) The prosecution case is as follows: PW9 is the prosecutrix. In the midnight at about 12'O Clock on 12/1/2015, when PW9 felt like attending first call of nature she came out of the house; then the respondent i.e., the accused took her with him to Davanagere making a promise that he would marry her. At Davanagere, she was made to stay in a house behind Durgambike Temple, Kumbara Beedi and there he had forcible sexual intercourse with her. They stayed together for about 9 days i.e., till 22/1/2015, when the police went to that house and brought them to Holalkere police station. In the meanwhile, on 15/1/2015 itself, the father of PW9 i.e., PW1 went to Holalkere police station and made a report about kidnapping of his daughter as per Ex.P.1. After tracing of the girl and the accused, the police held investigation and filed charge sheet against the respondent/accused for the offences punishable under Ss. 366 and 376 of IPC and Ss. 3 and 4 of POCSO Act.

(3.) The prosecution examined 23 witnesses as per PWs.1 to 23, marked 29 documents as per Exs.P.1 to P29 and 13 material objects as MOs.1 to 13 during trial.