RAJAVVA Vs. MALLESH

JUDGEMENT

(1.) Appellant Smt. Rajavva who is the complainant and mother of victim, has preferred this appeal under proviso of Sec. 372 of Code of Criminal Procedure against the judgment of acquittal dtd. 20/6/2022 passed in SC No.41 of 2020 by the II Additional District and Sessions Judge and Special Judge Dharwad (for short, herein in referred to as the "trial Court"). It is relevant to mention here that the state has not preferred appeal against the include judgment of acquittal and hence State is made as a respondent No.2 in this appeal.

(2.) For the sake of convenience, the parties herein are referred to as per their ranking before the trial Court.

(3.) The factual matrix of the case is that the Police Inspector, Women Police Station, Dharwad has filed charge- sheet against the accused for offences punishable under Ss. 363 , 376 and 506 of Indian Penal Code and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (for brevity hereinafter referred to as "the POCSO Act "). It is alleged in the charge-sheet that on 21/8/2020 at about 3.00 pm, the victim who is the daughter of the complainant studying seventh standard, was alone in the house. Accused came to house and kidnapped the victim from her house at Prabhunagar, Honnapura without the knowledge of their parents/guardians and took her in a bus to an under construction building near Jamadaghni Temple near Saundatti Yellamana Gudda and by threatening the victim and kept her in the room for four days and committed penetrative sexual intercourse with the victim, and finally at the request of the victim, accused dropped her to her village in the bus on 25/8/2020. Thus, accused committed offence punishable under Ss. 363, 376 And 506 of Indian Penal Code and Sec. 6 of POCSO Act.