PUNEETH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in Special CC.No.325 of 2018 on the file of the learned Additional City Civil and Sessions Judge-FTSC-III, Bengaluru, is impugning the judgment of conviction dtd. 1/8/2022 and order of sentence dtd. 5/8/2022, convicting him for the offence punishable under Sec. 376 of the Indian Penal Code (for short 'the IPC ') and under Ss. 4 and 6 of Protection of Children from Sexual Offences Act (for short, 'the POCSO Act '), sentencing to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.10,000.00 for the offence punishable under Sec. 376 of IPC and to undergo rigorous imprisonment for a period of 20 years and to pay fine of Rs.10,000.00 for the offences punishable under Ss. 4 and 6 of POCSO Act, with default sentences.

(2.) Brief facts of the case as made out by the prosecution are that, PW.2-the victim was a child, aged 14 years. She was induced by the accused, took her mobile number, promised to marry her and had committed sexual assault by hugging, kissing and touching her body. On 2/12/2017, again the accused induced the minor girl, took her to his room and committed penetrative sexual assault and repeatedly committed such offence. Thereby, he has committed the offence punishable under Sec. 376 of IPC and under Ss. 4 and 6 of POCSO Act. The mother of the complainant lodged the first information as per Ex.P1. The FIR came to be registered as per Ex.P8. The accused was apprehended. After investigation, the charge sheet came to be filed for the above said offences.

(3.) The Trial Court took cognizance of the offences and committed the matter to the Sessions Court. The accused has appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution has examined PWs.1 to 11, got marked Exs.P1 to 12 and identified MO.1 in support of its contention. The accused has denied all the incriminating materials available on record, but has not chosen to lead any evidence in support of his defence. The Trial Court, after taking into consideration all these materials on record came to the conclusion that the prosecution is successful in proving the guilt of the accused for the offence punishable under Sec. 376 of IPC and under Ss. 4 and 6 of POCSO Act, and accordingly passed the impugned judgment of conviction and order of sentence. Being aggrieved by the same, the appellant is before this Court.