MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment and order of sentence dtd. 11/6/2018 passed in Special Case (POCSO) No.2/2015 by the II Addl. Sessions Judge, at Kalaburagi, wherein the learned Sessions Judge convicted the accused for the offence punishable under Ss. 366, 376(2)(i) of IPC and Sec. 4 of the POCSO Act, 2012 and Sec. 3(i)(xv) and 3(2)(v) of SC/ST (PA) Act.

(2.) Thereby accused is sentenced to undergo simple imprisonment for a period of 7 years and to pay a fine of Rs.1,00,000.00 for the offence punishable under Sec. 366 of IPC and in default to pay fine, to undergo further simple imprisonment for a period of one year. Further sentenced to undergo simple imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 for the offence punishable under Sec. 376(2)(i) of IPC and in default to pay fine, to undergo further simple imprisonment for a period of one year. The accused is also sentenced to undergo simple imprisonment for a period of 3 years and to pay a fine of Rs.25,000.00 for the offence punishable under Sec. 3(1) (xv) of SC/ST (PA) Act and Sec.3(1)(z) of SC/ST (PA) Amendment Act, 2015 and in default to pay fine, he is directed undergo further simple imprisonment for a period of three months. The accused is also directed to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 for the offence punishable under Sec. 4 of the POCSO Act 2012 and in default to pay fine, to undergo simple imprisonment for a period of one year. The accused is further sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000.00 for the offence punishable under Sec. 4 of POCSO Act 2012 and in default to pay fine, he is directed to undergo simple imprisonment for a period of one year. Further directed that all the sentences of imprisonment shall run concurrently.

(3.) The factual matrix of the prosecution case are that, the victim girl in this case is the daughter of the complainant Shantabai (PW1) and Choudappa (PW4). The appellant/accused used to live in the neighbouring vicinity of PW1 and PW4 and was acquainted with the victim. The victim belongs to Scheduled Caste and the accused belongs to Talawar caste which is not a Scheduled Caste. The victim used to go to M.M.M. High School, Afzalpur and used to ply every day from her village to Afzalpur. Such being the state of affair, on 2/10/2014 at about 12 noon when the victim was waiting for the bus to return to her village, the appellant/accused, kidnapped her by inducing that he would marry her and took her to Matolli village. It is the further case of the prosecution that on 3/10/2014, the appellant/accused committed sexual intercourse with the victim near the canal and on later dates took her to different places. On 11/10/2014 while the appellant/accused along with victim girl were waiting at Vaddanhalli Cross to return to their village, the Almel Police apprehended them.