SUNITA Vs. SANJAY

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-complainant being aggrieved by the judgment and order of acquittal dated 18.05.2018 passed by the III Addl. District and Sessions Judge and Special Court under POCSO Act, 2012, Belagavi, in S.C.No.70/2013, whereunder the accused was acquitted for the offence punishable under Sec. 376 of IPC.

(2.) We have heard the learned counsel for the appellant-complainant, learned counsel for the accused and the learned Additional SPP.

(3.) The gist of the complaint is that, accused/ respondent No.1 is the husband of Smt. Sunita. Their marriage was solemanized on 28.11.2004. Out of that wedlock two children were born. One child was aged 41/2 years old and another child was one year old. Smt. Latha and Devagonda are the parents of Sunita and Ratna is the maternal grand mother of Sunita. They are all staying together. After leading marital life for some time, there was matrimonial dispute between the accused and said Sunita. Thereafter Sunita started living in her parents' house at Siddeshwar Galli. The accused was separately staying in a rented house in Santaji Galli. Under the said facts and circumstances, on 29.09.2012, the wife of the accused Sunita, victim, her maternal grand mother had gone to Siddeshwar temple. At about 11.30 am accused/respondent No.1 came there and forcibly took the victim child along with him and thereafter he brought the victim child to maiden's house of PW1 at about 7.00 pm. At that time, the victim was crying. On enquiry, the victim child told that she is having pain in her private part and she is not in a position to properly discharge the urine. By suspecting that her husband accused committed sexual intercourse with the victim child, the complainant consulted her maternal uncles and thereafter she lodged the complaint on 06.10.2012. On the basis of the complaint, after investigation, the Investigating Officer filed the charge sheet. Thereafter the learned Magistrate took the cognizance and as the case is triable by the Court of Sessions, after following the procedure, he committed the said case to the Sessions Court. The committal Court took the case and secured the presence of the accused and thereafter after hearing the learned Public Prosecutor and the learned counsel for the accused, charge was read over and explained to the accused. Accused pleaded not guilty and he claims to be tried and as such trial was commenced.