MOHAMMAD ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is the sole accused who was convicted by the learned Special Judge/II Additional Sessions Judge, Kalaburagi in Special Case (POCSO) No.28/2014 for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as 'POCSO Act'). The accused was also sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- for the said offence with default sentence. Out of the fine amount an amount of Rs.8,000/- was ordered to be disbursed to the prosecutrix as compensation.

(2.) I have heard the arguments of the appellant and also the learned High Court Government Pleader and also re-evaluated the entire materials on record.

(3.) Before adverting to the grounds urged by the learned counsel for the appellant before this Court it is just and necessary to have the brief factual matrix of the case. PW.1 - Rashida and her husband PW.3 - Zakir Hussain have been the residents of Pandit Din Dayal Colony, Raneshpeer Darga Back side, Aland road, Gulbarga. PW.2 - Mijba Samareen is the victim girl daughter of PWs.1 and 3. The accused is also a resident of same area who was aged about 55 years and victim girl was aged about seven years, as on the date of offence.