ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellant/sole accused praying to set aside the judgment of conviction and order of sentence dtd. 28/7/2022 passed in Spl.Case No.125/2019 by the Additional District and Sessions Judge, FTSC-II, Dakshina Kannada, Mangalore.

(2.) The appellant/accused has been convicted for offence punishable under Sec. 6 of the Protection of Child from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO Act') and Sec. 506 of Indian Penal Code (for short hereinafter referred to as 'IPC') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.20,000.00 for offence punishable under Sec. 6 of the POCSO Act and sentenced to undergo simple imprisonment for a period of six months for offence punishable under Sec. 506 of IPC.

(3.) The factual matrix of the prosecution case is as under: The appellant/accused is father of the PW-1/victim girl and they were residing together in residential house. On 8/2/2019 in between 11.30 p.m. to 12 'o' clock in the midnight, the victim girl sleeping in the separate room at that time accused has gone to the said room and closed room and had forcible penetrative sexual intercourse. Even, thereafter had sexual intercourse for 3-4 times which resulted the victim girl is 4 and half months pregnant. Charge sheet has been filed against this appellant/accused for offence punishable under Sec. 376 of IPC and Ss. 5(l) and 5(n) r/w Sec. 6 of the POCSO Act. The Special Court has framed charges for the said offences. The prosecution in order to prove the charges has examined PW-1 to PW-11 and got marked EX.P1 to P24. The trial Court, after hearing arguments both sides formulated the points for consideration and after appreciating the evidence on record, convicted the appellant/accused for offence punishable under Sec. 6 of the POCSO Act and Sec. 506 of the IPC. The said judgment of conviction and order of sentence has been challenged in this appeal. 3. Heard arguments of learned counsel for the appellant/accused and learned High Court Government Pleader for the respondent -State.