JAGADISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and sentence against the appellant-accused for the offences punishable under Ss. 366 and 342 of the Indian Penal Code, 1860 (for short, 'IPC), under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act') and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). The maximum punishment imposed on the appellant is life imprisonment with fine of Rs.10,000.00 for the offence punishable under Sec. 3(2)(v) of SC/ST Act.

(2.) The factual matrix of the case of the prosecution is that, the victim-PW1 is a minor as defined under Sec. 2(d) of POCSO Act and she was subjected to sexual act continuously from 13/9/2013 to 2/12/2013. It is also the case of the prosecution that the victim was subjected to sexual act on the false promise of the accused that he would marry her and as a result, she became pregnant. The specific complaint of the victim as per Ex.P1 is that the accused took her to his residence, wrongfully confined her in his house and subjected her continuously for sexual act against her will and thus, she became pregnant. Later, the accused turned hostile to his promise and hence, the victim lodged a complaint before the Police. The Police investigated the matter and filed the charge- sheet against the accused. Now, the accused is in custody in view of conviction and sentence.

(3.) The trial Court secured the presence of the accused, he did not plead guilty and claimed to be tried. The prosecution examined PWs.1 to 17 including the victim, Doctor, and other witnesses and also considered the documents as per Exs.P1 to P18. The trial Court having considered both oral and documentary evidence, particularly, the evidence of PW3, a witness to Ex.P3-spot mahazar, Ex.P5-Caste Certificate of the victim issued by the Tahsildar, Ex.P14-medical report of the victim, which clearly discloses that the victim was pregnant of 13 weeks and also relying on Ex.P16-medical report of the accused that the accused is capable of having sexual intercourse, convicted the accused for the aforesaid offences.