AVINASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Section 366 IPC and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as "the POCSO Act" for short], on a trial held by the learned Sessions Judge, Davanagere.

(2.) THE facts reveal that the appellant committed an Act of sexual assault after kidnapping the victim -P.W. 8 on 22.10.2013 in the night hours, took her to Bengaluru and other places, had the sexual intercourse with her. In the circumstances, a complaint came to be filed on 23.10.2013 and registered in Crime No. 188/13. In the course of the investigation, the victim was sent to the doctor for medical examination, mahazars were held. Statements were recorded. Material objects were collected and sent for opinion of the experts. The radiological examination was made on the victim to assess her age and the documents were collected. On completion of the investigation, charge -sheet was laid against the appellant/accused for the offence punishable under Section 366 IPC and under Section 4 of the POCSO Act.

(3.) THE point that arises for my consideration is;