THIMMAIAH Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused challenging the legality and correctness of the judgment of conviction and order of sentence passed by the Court of VI Additional District and Special Judge, Mysuru in S.C. No.342/2016 dated 14.01.2019.

(2.) I have heard the learned counsel for the appellant and the learned Additional Special Public Prosecutor for respondent - State.

(3.) The case of the prosecution in brief is that the accused is running a tutorial and the victim is a student, who is aged about 4 years and was studying LKG at Narayana Ananda School. Accused and his mother were conducting tuitions to the children. It is further alleged that on 10.08.2016 at about 4.30 p.m., victim girl had been to the tuition to the house of the accused. At about 5.30 p.m., accused sent other children out of the house and made the victim to stay back thereafter, took her to a room and made her to sleep on a Divan Cot. He disrobed the victim and committed sexual assault on her by licking and pressing her private part. She sustained pain in her genital. Immediately, she came out of the house by crying and the same was informed to her friend - Tanuja and also to her mother - CW.1. CW.1 - the mother took her to private Doctor and got examined. Thereafter, on next day, in consultation with her husband, went and filed the complaint. On the basis of the complaint, a case was registered in Crime No.255/2016. After investigation, the charge sheet has been filed as against the accused.