STATE OF KARNATAKA Vs. SHASHIDHAR

JUDGEMENT

(1.) Against the judgment of acquittal passed by the learned II Additional District and Sessions Judge and Special Judge at Davangere in S C No.29/2016 for the offences punishable under Sections 366 and 376 r/w Section 34 of Indian Penal Code and Section 6 of POCSO Act.

(2.) Brief facts of the case are that on 1.7.2015 in the afternoon accused No.1 kidnapped CW-6 Roja and Accused No.2 kidnapped CW-7 Sujatha from the custody of their guardian, CW-1 complainant, without his knowledge and consent. They took the victims to Tumkur with an intention to marry them. Accused No.1 married CW-6 Roja and Accused No.2 married CW-7 Sujatha in Kote Anjaneya Swamy Temple situated near Panduranganagar, Chikpete Christian Street, Sira Road, Tumkur Town. Thereafter they have taken them to house of CW-14 Ramakrishna situated in Tumkur Town, stayed there as tenants. During their stay there, Accused No.1 had sexual intercourse with CW-6 and Accused No.2 had sexual intercourse with CW-7 Sujatha, who were minors and against their will. Accused said to have committed aggravated sexual assault on minors CW-6 and CW-7 against their will and consent. On filing complaint before the police, the Investigation Officer conducted investigation and filed charge sheet for the aforesaid offences.

(3.) The Trial Judge framed charge against the respondents. The respondents-accused did not plead guilty but claimed to be tried. The prosecution in order to prove guilt of the accused - respondents, has examined as many as 18 witnesses as PWs-1 to PW-18 and got marked Ex.P1 to P33. No defence evidence was adduced by the accused despite an opportunity was given to them.