STATE OF KARNATAKA Vs. VIKESH

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment of acquittal dtd. 2/5/2018 passed by the II Additional District and Sessions (Special) Judge, D.K. Mangaluru ('trial Court' for short) in Special Case No.1/2014 acquitting the accused for the offences punishable under Ss. 376 and 506 read with Sec. 34 of Indian Penal Code ( IPC ) and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (' POCSO Act ' for short).

(2.) Based on the complaint lodged by the victim girl (PW.1), aged about 13 years studying in 8th standard, case was registered in crime No.340/2013 for the aforesaid offences. The case of the prosecution is that after completion of examination in the month of April 2012, upon the request made by the mother of accused No.1, PW.1 went to stay in the house of accused No.1. She stayed for about two months in their house. The complaint states that on several occasions during the stay at the house of accused No.1, accused Nos.1 and 2 committed forcible sexual intercourse upon her.

(3.) The prosecution examined PWs.1 to 11, marked documents at Exs.P1 to P10. Accused No.1 examined himself as DW.1 and marked document at Ex.D1.