STATE OF KARNATAKA Vs. DINESHA

JUDGEMENT

(1.) Heard the learned High Court Government Pleader appearing for the appellant/State and the learned counsel for respondent No.1.

(2.) This appeal is filed by the State against the acquittal of the accused for the offences punishable under Sec. 12 of the Protection of Children from Sexual Offences Act ('POCSO Act' for short), Sec. 376 of IPC read with Sec. 4 of POCSO Act and also Ss. 8 and 18 of POCSO Act read with Sec. 511 of IPC.

(3.) The factual matrix of the case of the prosecution is that one month prior to 5/10/2015 while the minor girl P.W.1 was going to school by walk, the accused has followed her, dragged her by holding her hands and teased and also made gestures towards her. On 20/9/2015 at about 1.00 p.m., at the cattle shed of Amrutheshwarahalli belonging to C.W.2 Eregowda, the accused has subjected her for sexual act, who is a minor and thereafter, has put her and her family members in fear of death. It is also the case of the prosecution that when P.W.1 was going to school by walk, the accused has wrongfully restrained her, teased, unrobbed and attempted to rape on her and thereby, committed an offence under Ss. 8 and 18 of POCSO Act read with Sec. 511 of IPC. The prosecution in order to prove the case, examined P.W.1 to P.W.12 and also relied upon the documents at Exs.P.1 to 14(a) and got marked M.O.1 to M.O.15. Ex.D.1 portion in the statement of P.W.1 are marked by the defence.