STATE OF KARNATAKA Vs. BASAVARAJ

JUDGEMENT

(1.) The State being aggrieved by the judgment of acquittal passed in Special S.C.No.16/2015, on the file of Prl. District and Sessions Judge and Special Judge, Haveri, has come up in this appeal.

(2.) It is the case of the prosecution before the trail Court that the victim is the daughter of elder brother of complainant who was aged about 17 years 10 months during the time of January 2015 and studying in B.Com.-I year at Rambapuri College at Shiggaon and everyday she used to go to college by bus from Dundasi village to Shiggaon. The accused was a mechanic working at Dundasi village. While she was going and coming to college, the accused developed friendship with her and they were talking to each other near Sai Mandir at Shiggaon and in that process, there was intimacy between them. It is further stated that knowing fully well that the victim is a minor, on 30.1.2015 at about 10.00 a.m. near Sai Mandir, Shiggaon, the accused induced her to accompany him and kidnapped her from her lawful guardianship and took her to Bengaluru and then to Davanagere and thereafter to Ajmir and finally to Goa. They stayed in a rented house belonging to CW.14 at Goa and during that period the accused committed rape and sexual assault on her.

(3.) Later on, on the basis of the complaint filed by the uncle of the victim, a case was registered before Shiggaon police and after completion of the investigation, charge sheet was filed against the accused for the offences punishable under sections 363, 376 of IPC and under section 4 of the POCSO Act, 2012.