STATE OF KARNATAKA Vs. MANIKANTA @ MANU

JUDGEMENT

(1.) This matter is listed for admission and we have heard learned HCGP for the appellant-State, learned counsel for respondent No.1 and learned counsel for respondent No.2.

(2.) The present appeal is filed by the appellant-State against the judgment of acquittal for the offence punishable under Ss. 366(A), 376(1) and 354(A)(1)(i)(2) and (D) of IPC and Sec. 3 read with Ss. 4, 7 read with Sec. 8, 11(iii) read with Sec. 12 of the POCSO Act, 2012.

(3.) The factual matrix of case of the prosecution is that victim girl is a minor. On 25/4/2022 at about 10.00 a.m. at Latha Hotel of Giliyaru Village, the accused No.2, who was acquainted with the victim girl, when she was in 9th standard, on the pretest of loving her, followed and contacted her through mobile and took her in his scooter to Amrutheshwari temple and from there at about 10.30 a.m. to Latha hotel, Kota, Giliyaru Village and touched her hand and leg and had committed sexual assault and harassment on her. It is also the case of prosecution that on the same day at about 12.00 p.m. at a place called Harthattu bus stand of Giliyaru Village, Brahamvara Taluk, the accused No.1 called her through phone on the pretext that he wanted to talk with her and thereafter induced her to come with him to go to Kundapura and kidnapped her in his motorcycle to the old house belongs to one Korta Rama situated at Kolkere, Basruru Village, Kundapura Taluk and subjected her for forcible sexual intercourse without her consent. On the basis of the complaint filed by the victim girl, the women police have registered the case in Crime No.34/2022 for the offences punishable for the provisions of IPC and POCSO Act. The police after investigation filed the charge sheet against accused Nos.1 and 2.