MANOJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/CCWL-4 feeling aggrieved by the order passed by first Appellate Court on the file of II Addl. District and Sessions and Special Judge, Dharwad, in Crl.A.No.35/2022 dtd. 4/6/2022 preferred this appeal.

(2.) Parties to the petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that CCWL-1 was following and teasing victim girl since one year and was pressurizing her to love him. In the month of August 2021, on Saturday CCWL-1 came to Basel Mission College, Dharwad, along with CCWL-7 and by force took victim in bus near KUD where CCWLs-2, 4 and 6 joined them and then victim was taken on bike near Om Ashram. CCWLs- 6 and 7 also reached the said place, CCWL-7 kissed and touched body of victim and tried to undress her. Thereafter, CCWL-7 ran away from the spot by seeing the incident. CCWLs-1 to 7 have committed forcible sexual intercourse upon victim by using condom. They have video-graphed incident through mobile with CCWL-2 and all of them administered threat to victim not to disclose about the incident to anybody. After one week, CCWL-1 again came to Basel Mission College and met victim on showing video of earlier incident pressurized victim to come to Suryanagara. CCWLs-2 to 4, 6 and 8 threatened that if she discloses about the incident to anybody they are going to viral the video in social media. CCWLs-2, 4 and 6 have committed forcible sexual intercourse again on victim and further threatened to kill her, if she discloses about the incident to anybody. On these allegations made in the complaint, case was registered in Dharwad town police station in Cr.No.222/2021 for the offences punishable under Ss. 354, 354(D), 363, 366(A), 376D read with 34 IPC, Ss. 4, 6, 8 and 14 of the POCSO Act, 2012. On completion of investigation, charge-sheet is filed.