PRASANNA S/O SHIVANNA Vs. STATE BY KARNATAKA BY MUDIGERE POLICE REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU

JUDGEMENT

(1.) The present appellant who was accused in Special Case (IPC & POCSO) No.4/2013, in the Court of Principal Sessions and Special Judge, Chikmagalur, (hereinafter for brevity referred to as "trial Court"), has challenged the judgment of conviction dated 07.09.2013 and order on sentence dated 11.09.2013, wherein he is convicted for the offences punishable under Sections 341 and 376 of Indian Penal Code, 1860 (hereinafter for brevity referred to as "IPC") and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as "POCSO Act") and sentenced to undergo simple imprisonment for a period of one month and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment for 15 days for the offence punishable under Section 341 of IPC and further sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,00,000/- and in default of payment of fine, to undergo simple imprisonment for two years for the offence punishable under Section 376 of IPC and the appellant / accused is sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/- and in default of payment of fine, to undergo simple imprisonment for two years for the offence punishable under Section 4 of the POCSO Act and all the substantive sentences of imprisonment shall run concurrently.

(2.) The summary of the case of the prosecution is that, on 08.01.2013, at about 12.00 noon, P.W.1, the alleged victim who is said to be 15 years old in her age appeared before the respondent police and lodged a written complaint as per Ex.P.1. The summary of which is that, the complainant along with her parents and younger sister was residing in coffee plantation of Mr.Jayaprakash Gowda in Mudasasai village, Mudigere and were eking livelihood as coolies. On 06.01.2013, at about 4.00 p.m., she joined by her younger sister went into the coffee plantation in order to fetch some jack fruits. At that time, the accused who was an estate writer of the said estate restrained them by showing a gun which he was holding and closing her mouth, he took her away. Seeing that, her sister Mala ran away from the place. Taking her about 20 feet away from the said place, the accused committed sexual assault upon her. After committing the same, he started threatening her by telling that, he has recorded the act in his cell phone and that he would show those pictures to her friends and other public, in case, if she reveals the incident to any one. Further, she informed her mother about the incident on the next day i.e., 07.01.2013. Thereafter they decided to give a complaint. The said complaint was registered in respondent police station in crime No.3/2013 for the offences punishable under Sections 341 and 376 of IPC, Section 25 of Arms Act, 1959 (hereinafter for brevity referred to as "Arms Act") and Section 4 of the POCSO Act.

(3.) The police after completing the investigation filed a charge sheet against the accused for the offences punishable under Sections 341 and 376 of IPC, Section 5(H) read with Section 6 of POCSO Act and Section 25 of Arms Act.