KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant/accused under Sec. 374(2) of the Code of Criminal Procedure for setting aside the judgment of conviction and sentence dtd. 23/9/2016 passed by the LIII Addl. City Civil and Sessions Judge, Bangalore, in Special C.C.No.80/2015 for having convicted and sentenced the appellant to undergo imprisonment for five years and fine of Rs.2,000.00 in default of payment of fine, he shall undergo further Simple Imprisonment for 8 months for the offence punishable under Sec. 9(m) r/w 10 of POCSO Act, 2012.

(2.) Heard the learned counsel for the appellant and learned HCGP for the respondent-State.

(3.) The case of the prosecution is that the appellant is said to have sexually assaulted the victim child/CW.4, when she came to the building construction work at Kumaraswamy Layout. The said accused is said to have assaulted the victim girl. The Police apprehended the accused, registered the case and filed charge sheet for the offence punishable under Sec. 354A of IPC and Sec. 9(m) r/w Sec. 10 of POCSO Act, 2012.