MUNEER Vs. STATE

JUDGEMENT

(1.) The accused/appellant has preferred this appeal against the Judgment and Order of conviction and sentence dated 23.08.2017 passed by the Court of VI Additional District and Special Judge, Mysuru, in S.C. No.326/2016, thereby convicting him for the offence punishable under Section 376(2)(i) of IPC and under Section 5(m) r/w. Section 6 of Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as 'the POCSO Act' for short].

(2.) The trial Court has passed the sentence against the accused for the offence punishable under Section 5(m) r/w. Section 6 of the POCSO Act, imposing punishment of rigorous imprisonment for a period of ten years with a fine of Rs.10,000/-, in default of payment of fine, to undergo simple imprisonment for two years.

(3.) The case of the prosecution is that the victim, a minor girl aged about 7 years is the daughter of the first informant viz., Bibi Khuteja [P.W.2]. The husband of P.W.2 was no more and to eke out her livelihood she was working in a garment factory. She used to go out for work at about 8.30 a.m. and would return at 6.00 p.m. Her son was staying in a 'Madrassa'. The victim girl was going to school and before going for work, P.W.2 used to give food to her daughter and send her to school.