The State By Koppa Police vs Mohana
2021 Latest Caselaw 3048 Kant

                         1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 29TH DAY OF JULY 2021

                      BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

        CRIMINAL APPEAL No.1269 OF 2020

BETWEEN

THE STATE BY KOPPA POLICE,
REPTD. BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-1.
                                         ...APPELLANT
(BY SRI. R.D.RENUKARADHYA, HCGP)

AND

1.    MOHANA
      S/O. VASU,
      AGED ABOUT 47 YEARS,
      AGRICULTURIST,
      R/O. JAYAPURA KOPPA TALUK,
      CHIKKAMAGALURU DISTRICT-577 123.

2.    OMKARA,
      S/O. ODEYAPPA GOWDA,
      AGED ABOUT 40 YEARS,
      R/O M.C.HALLI, TARIKERE TALUK,
      CHIKKAMAGALUR DISTRICT-577 123.

3.    NANDAN KUMAR,
      S/O. RAGHU CHANDAN,
      AGED ABOUT 29 YEARS,
      AGRICULTURIST,
                           2


     R/O KUSUGAL, SARIYA VILLAGE,
     N.R.PURA TALUK-577 134.

4.   RAJESHA,
     S/O. MUKUNDE GOWDA,
     AGED ABOUT 36 YEARS,
     AGRICULTURIST,
     R/O MRUGAVADE, THIRTHAHALLI TALUK,
     SHIVAMOGGA-577 432.

                                      ...RESPONDENTS


     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(1) (3) CR.P.C PRAYING TO GRANT LEAVE TO APPEAL
AGAISNT THE IMPUGNED JUDGMENT AND ORDER DATED
25.02.2020 PASSED BY THE HON'BLE COURT OF I
ADDITIONAL     SESSIONS    AND       SPECIAL    JUDGE,
CHIKKAMAGALURU        IN    SPL.C.(POCSO).NO.6/2016
ACQUITTING THE ACCUSED/RESPONDENT FOR THE
OFFENCE P/U/S 448, 354(A)(1)(i)(ii), 506 R/W 34 OF IPC
AND SECTION 7, 8 OF POCSO ACT.

     THIS CRIMINAL  APPEAL COMING   ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:


                    JUDGMENT

The State has preferred this appeal challenging

the judgment dated 25.2.2020 passed by the I

Additional Sessions and Special Judge,

Chikkamagaluru, in Special Case (PCSOA) No.6/2016

acquitting all the accused of the offences punishable

under sections 448, 354(A)(1)(i)(ii), 506 of IPC and

section 8 of POCSO Act read with section 34 of IPC.

2. Heard the learned High Court Government

Pleader at the time of admission.

3. The prosecution case is that on 15.7.2015 at

about 11.30 AM when PW4, the minor girl, was in the

house, all the accused trespassed into her house and

then, accused No.1 hugged the girl and behaved

indecently. It is alleged that accused Nos. 2 and 4

threatened to kill the girl if she disclosed it to

anybody. The girl herself reported the incident to the

police.

4. After investigation accused came to be

charge sheeted and charged for the offences

aforementioned. The trial court has found that the

evidence given by PW4 before the trial court totally

contradicted the statement given under section 164

Cr.P.C. Further referring to the evidence of PW5, the

trial court has held that the registration of FIR was as

a result of wrecking vengeance against accused No.1

who asked her to vacate the house. Therefore if the

judgment of the trial court is perused, it is found that

registration of FIR against the accused was not for the

reason that PW4 was sought to be molested, but for

the reason that accused No.1 asked PW5 to vacate the

house. The finding recorded by the trial court is

based on evidence. The evidence is well appreciated.

I do not find any good ground to admit the appeal.

Hence, it is dismissed.

Sd/-

JUDGE

ckl