(1.) The present appeal has been filed by the appellant- accused challenging the legality and correctness of the judgment of conviction and order of sentence passed by the I Additional District and Sessions Judge and Special Judge, Shivamogga in S.C.No.69/2016 dated 6.2.2019.
(2.) I have heard the learned counsel for the appellant and the learned Additional State Public Prosecutor for the respondent-State.
(3.) The gist of the prosecution case in brief is that the victim aged about 5 years is the elder daughter of the complainant. On 12.5.2015 at about 10.30 a.m. when she was playing, appellant-accused luring her to pay money took her to his shop and locked the door, laid the victim on the cot and put his private part by removing her underwear. When the victim shouted loudly, he opened the door and victim ran way. Immediately, complainant went to the said shop of the accused and saw that the accused was wearing his nicker and on seeing the complainant, he ran away from the hind door. Complainant took the victim and victim revealed the said fact to her mother and immediately victim was taken to Mc.Gann hospital and examined. On the basis of the complaint, case was registered in Crime No.110/2015. After investigation, charge sheet has been filed.