CHETHAN D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in Special Case No.1364 of 2021 on the file of the learned FTSC-I, Additional City Civil and Sessions Judge, Bengaluru, is impugning the judgment of conviction and order of sentence dtd. 1/7/2024 convicting the accused for the offences punishable under Ss. 4 , 6 and 8 of POCSO Act and sentencing to undergo imprisonment for a period of 20 years and to pay fine of Rs.50,000.00 each for the offences punishable under Ss. 4 and 6 of POCSO Act; to undergo imprisonment for a period of 3 years and to pay fine of Rs.10,000.00 for the offence punishable under Sec. 8 of POCSO Act, with default sentences.

(2.) Brief facts of the case as made out by the prosecution is that, the accused being the neighbor of victim girl, took the victim aged 3 years to his room on 7/7/2021 at 6.00 p.m. and inserted his finger on her vagina and thereby committed aggravated penetrative sexual assault punishable under Ss. 4 , 6 and 8 of POCSO Act. The mother of the victim girl lodged the first information as per Ex.P1. The victim was subjected to examination by the lady doctor - PW9 who gave the medical report as per Ex.P6 suggesting that there was a scratch mark in the vagina of the victim girl suggesting digital interference. Thus, the investigation was completed and the charge sheet came to be filed for the above said offences.

(3.) The Trial Court took cognizance of the offences and summoned the accused. The accused denied the charges leveled against him and claimed to be tried. The prosecution examined PWs.1 to 10, got marked Exs.P1 to P20 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 of all these materials on record, came to the conclusion that the prosecution is successful in proving the guilt of the accused for the offences punishable under Ss. 4 , 6 and 8 of POCSO Act and accordingly, convicted and sentenced him as stated above. Being aggrieved by the same, the accused is before this Court.