SOMAPPA @ SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the Court below in Spl. POCSO (S.C.) No. 35/2015 dated 14.02.2017/ 15.02.2017 wherein the accused is convicted for the offences punishable u/S 376 of IPC and u/S 5(1) r/w Sec. 6 of POCSO Act, 2012, and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- for the offence punishable u/S 6 of POCSO Act, 2012 r/w Sec. 376 of IPC with default clause.

(2.) Brief factual matrix of the case are as under: That the victim girl is a minor aged about 16 years; he induced her that he will marry her and saying so had sexual intercourse with her in a garden land belonging to Mahantesh Pattanshetty of Irakalgada; on 008.2015 kidnapped her, took her to Kunchur village near Ranebennur, kept her in a room near the house of one Somappa Babujan and had sexual intercourse with her. On the filing of the complaint by the complainant, case in Crime No. 196/2015 as per Ex.P.14 came to be registered by the Police against the accused for the offences punishable u/S 363, 376 of IPC besides Sec. 6 of POCSO Act, 201 PW13 Pramod, H.C. No. 135 of Koppal Rural Police Station received the complaint as per Ex.P.8. After investigation charge sheet has been laid by the Investigating Officer against the accused for the aforesaid offences as where the trial Court has framed the charge sheet against the accused, the accused did not plead guilty but claimed to be tried. The prosecution in order to prove the guilt against the accused examined witnesses as per PWs.1 to 16 and got marked documents as per Exs.P.1 to P.18. On appreciation of the entire materials placed by the prosecution analytically held conviction against the accused for the offence punishable u/S 376 of IPC r/w Sec. 6 of POCSO Act, 201 It is this judgment which is challenged in this appeal.

(3.) I have heard arguments of the learned counsel for the appellant and the learned Govt. Pleader for the State and perused the records of the case.