SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant, being aggrieved by the judgment and order of conviction and sentence dated 01.04.2017, imposed on him by the learned III Additional District and Sessions Judge, Belagavi in S.C.No.360/2013, for the of fences punishable under sections 376 and 307 of the Indian Penal Code (for short "IPC") and sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

(2.) By the impugned judgment the accused has been sentenced for the aforesaid of fences and he has been handed over punishment as stated below:

(3.) In nutshell the facts are that on 23.09.2013 at about 20.30 p.m., the minor daughter of the complainant was taken away by the accused by making some attraction of an eatable. She was taken to an open space near a temple and at about 9.00 p.m., he is al leged to have committed penetrative sexual assault on the child aged about 4 years and raped her and also attmpted to kill her.