STATE OF KARNATAKA Vs. NOOR AHAMMED FAKEERSAB

JUDGEMENT

(1.) This appeal is preferred against the judgment and order of acquittal dated 27.06.2015 passed by the learned District and Sessions Judge, Uttara Kannada, Karwar, in S.C.No.21/2013 for the offence punishable under Sections 354(A) of IPC and 8 of The Protection of Children From Sexual Offences Act, 2012 ( hereinafter referred to as "POCSO" Act.

(2.) For the purpose of convenience, the parties are referred to as per their rankings before the trial Court.

(3.) The complaint is lodged by the victim minor girl who is aged about 14 years. She is the daughter of Satish Naik. She was studying in 8th standard in Government High School at Santeguli, at the time of the incident, There is forest area after some distance from her house. On 14.02013 at about 16.45 hours, when the victim after attending the classes in the school returning to her village and after getting down from the vehicle on the road, she was proceeding towards her house through path way and at that point of time, the accused with sexual intention, touched right breast of the victim from his right hand and molested her by squeezing her right breast. However, she was able to get rid of him and ran away and went to her house and informed her father on phone as at that time who was then in Goa and he informed Rajendra Naik, Ganapati Naik, Janardhan and Jattappa Naik and they immediately went to the house of the victim and ascertained what had happened and then they took her to the police station, where she lodged a complaint as per Ex.P Thereafter, the complaint came to be registered in Kumta Police Station in Crime No.75/2013 for the offences punishable under Sections 354(A) of IPC and 8 of Protection of Children From Sexual Offences Act, 2012, against the respondent/accused.