MANJA S/O LAKSHMANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused being aggrieved by the judgment of conviction and order of sentence passed by I Addl. District and Sessions Judge, Shivamogga, in Spl.(A) Case N.2/14 dated 26/27.11.2014.

(2.) We have heard the learned counsel Sri Aruna Shyam M. and Additional SPP Sri.Vijay Kumar Majage.

(3.) The genesis of the case of the prosecution are that the grand-mother of the victim filed the complaint alleging that her grand-daughter was studying in second standard. On 8.10.2013 when she had been to coolie work, victim was staying in the home as there were holidays to her school. When complainant return back at about 6.00 p.m., she noticed that her grand-daughter was not found at home and as such she went in search of her granddaughter. At about 6.15 p.m. she heard screaming sound of her grand-daughter from the house of the accused. Immediately, she entered the house and there she saw that her grand-daughter was standing nude and accused was found in his undergarments. Accused was kissing the victim and on seeing the complainant, he took his shirt and trousers and ran away from the back door. When she made enquiries with her grand-daughter, she told that when she was playing in front yard of the house, accused came and told that her uncle had called over the phone. When the victim went along with the accused, he took her inside his house and told her to watch television and thereafter he removed her undergarments and skirt and thereafter he made her to fell on the floor, then he slept on her. On the basis of the said complaint, a case was registered in Crime No.262/2013 for the offences punishable under Sections 376(2)(i) of Indian Penal Code and also under Section 4 of the POCSO Act. Thereafter, after investigation, the charge sheet was laid against the accused.