NEELAKANTAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by accused, challenging his conviction and sentence for the offences punishable under Ss. 376DB of I.P.C and Ss. 4 and 6 of POCSO Act, imposed by the trial Court.

(2.) In respect of the incident, complaint came to be filed by the mother of the prosecutrix. It is stated in the complaint that the accused and the family of prosecutrix are neighbours residing in the same area in Kanguvalli Village, Hosadurga Taluk of Chitradurga district. On 6/5/2018, at 7.00 a.m., prosecutrix went out to play. Around 8.00 a.m., when she came back, the complainant observed that prosecutrix was wearing her pant inside out. When questioned about it, she replied that accused made her to wear it like that. Immediately, the complainant removed her pant and found that prosecutrix was bleeding from her vagina and enquired about it. The prosecutrix disclosed that accused caused the injury and paid her two Rupee coin which she was holding. Immediately the complainant went to the house of accused along with the prosecutrix and questioned him as to why he had done such a thing to her daughter. Accused denied the said allegation. However, when complainant returned to her house saying that she was going to file complaint, accused followed her, held her legs and begged to excuse him. Along with her brothers Chetan and Maralusiddappa, she went to the Government hospital for treatment of her daughter and then filed the complaint.

(3.) After conducting detailed investigation, the investigating officer filed charge sheet against the accused.