SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused being aggrieved by judgment of conviction and order of sentence passed by the Principal Sessions Judge, Koppal, Dt:Koppal, in POCSO Sessions Case No.02/2014 dtd. 22/9/2014, preferred this appeal.

(2.) Parties to the appeal 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 on 1/10/2013, victim left her house at about 10.00 p.m. to get notes from the teacher. When she reached near Girl's Hostel of Dotihal village, an unknown person asked the victim as to where the bus stand is located and she replied that she do not know. The said unknown person further questioned, as to where she is going and replied that she is going to school. However, all of a sudden, the said unknown person came to victim and put his hand on her shoulder and thereafter closed the mouth with his hand Kerchief. On hearing hue and cry, Andappa Naganur and Ishappa Sankapur, came to the spot and on seeing them accused fled away from the place. Thereafter, her uncle brought victim to her house on his bicycle. The mother of the complainant had gone to field for work. On coming back to the home, she informed about the incident and thereafter they went to police station and filed complaint. On these allegation made in complaint, the investigating officer on completion of investigation filed charge sheet for the offence punishable under Sec. 354(A) of IPC and Sec. 8 of POCSO Act..