Karnataka High Court
Siddarth S/O Uday Jadhav vs The State Of Karnataka on 17 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12320
CRL.A No. 100501 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100501 OF 2025 (C)
BETWEEN:
SIDDARTH S/O UDAY JADHAV,
AGE. 25 YEARS, OCC. CENTERING WORK,
R/O. BEDAKIHAL AYURVEDIC MEDICAL COLLEGE,
CHIKKODI ROAD, TQ. NIPPANI, DIST. BELAGAVI.
... APPELLANT
(BY SRI. GANGADHAR S. KAMBLE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ADDITIONAL
STATE PUBLIC PROSECUTOR,
SADALAGA P.S.
2. SMT. SUDHA W/O JITENDRA MALAGI,
AGE. 35 YEARS, OCC. PRIVATE WORK,
R/O. BEDAKIHAL AYURVEDIC MEDICAL COLLEGE,
CHIKKODI ROAD, TQ. NIPPANI, DIST. BELAGAVI.
Digitally
signed by
RAKESH S
RAKESH HARIHAR
3. SMT. PRAGATI W/O SIDDARTH JADHAV,
Location:
S HIGH
HARIHAR COURT OF AGE. 19 YEARS, OCC. HOUSE WIFE,
KARNATAKA
DHARWAD
BENCH R/O. AYURVEDIC MEDICAL COLLEGE,
BEDAKIHAL, TQ. NIPPANI, DIST. BELAGAVI.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
R2-SERVED; SRI. GANESH RAIBAG, ADVOCATE FOR R3)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF
CR.P.C. (UNDER SECTION 415(2) OF BNSS, 2023,) PRAYING TO SET
ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED
02.07.2025 PASSED BY THE LEARNED ADDL. DISTRICT AND
SESSIONS JUDGE, FTSC-1 BELAGAVI IN SPECIAL CASE NO.71/2022
FOR THE OFFENCES PUNISHABLE UNDER SECTION 12 OF POCSO ACT
AND ACQUIT THE APPELLANT, IN THE INTEREST OF JUSTICE.
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NC: 2025:KHC-D:12320
CRL.A No. 100501 of 2025
HC-KAR
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. This appeal under Section 415(2) of BNSS, 2023, is filed by
accused, who has been convicted by the Court of Additional
District and Sessions Judge, FTSC-I, Belagavi, in Special Case
No.71/2022, for the offence punishable under Section 12 of the
Protection of Children from Sexual Offences Act, 2012
(hereinafter referred to as 'the POCSO Act, 2012' for short) and
has been sentenced to undergo imprisonment for a period of
three years and to pay fine of Rs.5,000/-.
2. Heard the learned counsel for the parties.
3. Learned counsel for the appellant and learned counsel for
respondent No.3, who is the victim in the present case submits
that during the pendency of the case before the Trial Court, the
appellant and the victim girl, who had attained the age of
majority, have got married and their marriage is also registered
before the jurisdictional Registrar of Marriages. They submit that
the victim girl is now pregnant and there is nobody to take care
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of her. They submit that considering the nature of allegations
against the appellant, who has now married the victim girl, a
lenient view may be taken with regard to order of sentence
passed against him. They submit that the victim girl has filed an
affidavit before this Court admitting her marriage with the
appellant and she also has produced documents to show that her
marriage with the appellant has been registered and she is now
pregnant.
4. Learned HCGP has brought to the notice of this Court that
appellant was arrested in the present case at crime stage on
30.01.2022 and was released on bail by the Trial Court on
21.02.2022. She also submits that immediately after the
impugned judgment and order of conviction and sentence was
passed against the appellant, he has been taken into custody in
the present case and ever since then, he is in jail.
5. Perusal of the material on record would go to show that
FIR was registered against the appellant by Sadalaga Police
Station, Belagavi, in Crime No.7/2022, for offence punishable
under Section 366(A) of IPC and Section 12 of the POCSO Act,
2012. Subsequently, the victim girl had appeared before the
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police and stated that she was in love with the appellant and
since her family members tried to perform her marriage with
some other boy, on 27.01.2022, she had left her grandmother's
house and had contacted the appellant over phone and informed
about her parents' intention to perform her marriage with some
other boy. Thereafter, appellant came to the spot where victim
girl was waiting and took her with him. After completing
investigation, charge sheet has been filed in the present case
against the appellant for the offences punishable under Section
366(A) of IPC and Section 12 of the POCSO Act, 2012.
6. The appellant, who was arrested on 30.01.2022 was
released by the Trial Court by order dated 21.02.2022 passed in
Crl.Misc.No.146/2022. The Trial Court by impugned judgment
and order dated 02.07.2025 passed in Special Case No.71/2022
has convicted the appellant for the offence punishable under
Section 12 of the POCSO Act, 2012 and acquitted him of the
offence punishable under Section 366(A) of IPC. For the offence
punishable under Section 12 of the POCSO Act, 2012, the Trial
Court has sentenced the appellant to undergo rigorous
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imprisonment for a period of three years and pay fine of
Rs.5,000/-.
7. The victim girl, who is party respondent No.3 to this
memorandum of appeal, has filed an affidavit before this Court
on 15.09.2025. In paragraph Nos.3 to 5 of the said affidavit, it is
stated as follows:-
"(3) I state that during the trial, the appellant was on bail
and as myself and the appellant were having so much of love
and affection with each other and since I had attained
majority, we both married on 06.01.2025 and said marriage
is registered before the Marriage Registrar, Chikkodi on
17.01.2025.
(4) I respectfully state that after our marriage, I am staying
along with appellant and living a happy marital life and now I
am pregnant also. I have annexed herewith my Aadhar Card,
the marriage registration certificate and medical records
issued by the Government Hospital, Bedakihal.
(5) Therefore, in view of the aforesaid facts and
circumstances, this Hon'ble Court may kindly take lenient
view while considering the case of the appellant and acquit
him for the alleged offences to meet the ends of justice.
justice."
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8. The Hon'ble Supreme Court in the case of Hasi Mohan
Barman and Another vs. State of Assam and Another
reported in (2008) 1 SCC 184, has held that Courts can
consider reducing the sentence imposed on accused having
regard to the settlement arrived between the parties.
9. The maximum punishment for the offence punishable
under Section 12 of the POCSO Act, 2012, is imprisonment for a
period of three years and fine.
10. In the present case, appellant, who was arrested during
crime stage on 30.01.2022 was subsequently released on bail by
order dated 21.02.2022 passed by the Trial Court. Learned
counsel for the appellant submits that immediately after the
impugned judgment and order of conviction and sentence was
passed by the Trial Court on 02.07.2025, the appellant was
taken into custody and ever since then, he is in jail.
11. In the affidavit filed by the victim girl, she has stated that
her marriage with the appellant was performed after she had
attained the age of majority and the said marriage is also
registered. Along with her affidavit, respondent No.3/victim girl
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has produced her Marriage Certificate dated 17.01.2025. Perusal
of the same would go to show that marriage of the victim girl
with the appellant was solemnized on 06.01.2025 and the same
was registered on 17.01.2025 before the jurisdictional Registrar
of Marriages at Chikkodi, Belagavi District. Along with the
affidavit, the victim girl has also produced documents to show
that she is now pregnant. A submission is made by the learned
counsel for the parties that there is nobody to take care of the
victim girl, who is now pregnant. Under the circumstances, I am
of the opinion that a lenient view has to be taken while
sentencing the appellant for the offence punishable under
Section 12 of the POCSO Act, 2012. Accordingly, the following
order:-
(i) Criminal Appeal is partly allowed.
(ii) The judgment and order of conviction passed
by the Addl. District and Sessions Judge
FTSC-I, Belagavi, in Special Case No.71/2022
dated 02.07.2025, convicting the appellant
for offence punishable by Section 12 of the
POCSO Act, 2012, is hereby confirmed.
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(iii) The order of sentence dated 02.07.2025 by
the Addl. District and Sessions Judge FTSC-I,
Belagavi, in Special case No.71/2022 for the
offence punishable under Section 12 of the
POCSO Act, 2012, is modified and reduced to
the period petitioner has already undergone
imprisonment. However, petitioner shall be
liable to pay fine of Rs.5,000/- imposed by
the Trial Court if not already deposited.
(iv) Registry is directed to forthwith communicate
the release order to the concerned jail and if
the appellant is not required in any other
case, the jail authorities shall forthwith
release him from jail.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
CT:BCK
