VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused challenging the judgment of conviction and order of sentence passed by the Special/III Additional Sessions Judge, Tumkur, in Special Case No.312/2014 dated 19.3.2015.

(2.) We have heard the learned counsel for the appellant Sri Venkatesh P.Dalwai and the learned Additional SPP Sri.Vijayakumar Majage for the respondent/State.

(3.) The brief facts of the case of the prosecution are that the accused being the father of the victim, on 2.3.2014 at about 12.00 noon, took her to the house of his father Naganna and on the same day at about 10.00 p.m. when he was sleeping along with his daughter victim he sexually assaulted her. Thereafter, after one day victim went to the school and there she informed the alleged incident to the teacher. The teacher called the mother of the victim and a complaint has been registered. On the basis of the complaint a case has been registered in Crime No.70/2014. Thereafter, after investigation the charge sheet was filed against the accused. The Special Court took the cognizance and after following the formalities under Section 207 of Cr.P.C. and after hearing the learned Public Prosecutor and the learned counsel for the accused, charge was prepared and read over to the accused. Accused pleaded not guilty and he claimed to be tried. As such the trial was fixed.