PRAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in Spl.S.C.No.39/2015 on the file of the II Additional District and Sessions Judge and Special Judge, Dharwad (hereinafter referred to as the 'trial Court' for short) has filed this appeal challenging his conviction for the offence punishable under Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for short).

(2.) The case of the prosecution was that PW.1 informed the respondent in writing on 8/4/2015 that on 6/3/2015, at about 08:30 a.m. when the victim was on her way to attend nature call, the accused held her and tried to drag her. It is alleged that the residents of the village extricated the victim from the clutches of the accused. He therefore requested the respondent to initiate suitable action against the accused. Based on this information, the respondent-Police registered FIR in Crime No.37/2015 for offences punishable under Ss. 323, 354B and 509 of IPC and took up investigation. The respondent-Police recorded the statement of the complainant, the victim, other residents of the village as well as the relatives of the victim and PW.7-Head Master of the school where the victim studied. The respondent then laid a charge sheet for the offences punishable under Ss. 323, 354B, 509 of IPC and Ss. 8 and 12 of the POCSO Act. The accused obtained anticipatory bail. Upon his appearance before the trial Court, the accused was charged for offence punishable under Ss. 8 and 12 of POCSO Act. The accused pleaded not guilty and claimed to be tried.

(3.) In order to prove the charge, the prosecution examined the complainant as PW.1. He in his crossexamination deposed that the accused and the victim were in love with each other and that the marriage of the victim was fixed with a resident of Javoor village. He also admitted that the friend of the accused telephoned the people at Javoor and informed accused's love with victim and as a result of which, the marriage was cancelled.