SIDDARAJU @ SIDDANAYAKA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the sole accused praying to set aside the judgment of conviction and order on sentence dtd. 4/5/2019 passed in Spl.C. No. 201/2018 by the VI Additional District and Special Judge, Mysuru, whereunder this appellant - accused has been convicted for offence under Sec. 376(2)(l) read with Sec. 511 of IPC and Sec. 5(k) read with Sec. 18 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.30,000.00 for offence under Sec. 5(k) read with Sec. 18 of the POCSO Act and no separate sentence has been passed for offence under Sec. 376(2)(l) read with Sec. 511 of IPC in view of Sec. 42 of the POCSO Act.

(2.) Factual matrix of the case is, that P.W.1 - uncle of the victim girl has filed first information stating that on 24/1/2018 when he returned to house, he heard the babbling of his brother's disabled daughter - victim girl NC: 2024:KHC:28391 from the backyard of the house. He went there and found that appellant - accused was holding the victim girl from back side and was making attempt to commit sexual act on her. He scolded the appellant - accused and rescued the victim. The victim girl is disabled, dumb and dullard and is not in a position to speak and express any acts. Said complaint filed by P.W.1 came to be registered in crime No. 5/2018 of Heggadadevana Kote Police Station for the aforesaid offences. After investigation, charge sheet has been filed and charge has been framed against the appellant - accused. The prosecution, in order to prove the charge, has examined 5 witnesses as P.W.1 to P.W.5 and got marked Ex.P.1 to Ex.P.15 and M.O.1 and M.O.2. Statement of the appellant - accused came to be recorded under Sec. 313 of Cr.P.C. The trial Court, after hearing arguments on both sides, formulated points for consideration and after appreciating evidence on record has convicted the appellant - accused for the aforesaid offences. Said judgment of conviction and order on sentence has been challenged by the appellant - accused in this appeal.

(3.) Heard learned counsel for appellant - accused and learned HCGP for respondent - State.