B.M. Shyam Prasad, J. - (1.) This appeal is filed by the accused impugning the judgment dated 09.10.2013 and order of sentence dated 10.10.2013 in Special Case No. 5/2013 on the file of the District and Sessions Judge at Dharwad, and the appellant (Hereinafter referred to as the "accused") is convicted for the offences punishable under Sections 363, 366, 344, 376 (2)(h) & (m) of Indian Penal Code (for short 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act,2012 (for short 'POCSO Act'). The accused is sentenced to undergo imprisonment for life for the offence punishable under Sec. 6 of the POCSO Act (no separate sentence is awarded for offence punishable under Section 376 (2)(h) and (m) of IPC because of sentence under Section 6 of the POCSO Act) and terms of simple imprisonment of one year each for offences punishable under Sections 363 and 344 of IPC and five years for offence punishable under Section 366 of IPC. The Sessions Court has also imposed fine and default imprisonment for each of these offences and also directed payment of Rs.10,000/- to the victim under Section 357(1) of Criminal Procedure Code (for short "Cr.P.C.") in addition to awarding Rs.50,000/- as compensation under Section 357A of Cr.P.C., and a fine of Rs.10,000/- is imposed as compensation payable to the victim-P.W.1.
(2.) The prosecution's case is that the prosecutrix, a girl who had finished her First P.U.C, was visiting her grandmother and when she stepped out to purchase medicines in the evening on 13.03.2013, the accused, who was admittedly acquainted with the prosecutrix, accosted her and compelled her to travel with him in an auto rickshaw until Hubballi Bus stand and later by bus to Gadag and from there on a two wheeler to where she was confined against her wishes in a house for a period of 15 days during which time the accused forced himself on the prosecutrix after many days on couple of occasions. The prosecution's case is also that the prosecutrix's father, upon being informed by the prosecutrix's grandmother about the prosecutrix not returning home even after 9.00 p.m., lodged a missing complaint with the jurisdictional Police, and when one of the Police personnel entrusted with locating the prosecutrix chanced upon the accused and the prosecutrix near a Railway bridge in Hubballi, the accused was apprehended and produced before the senior police personnel and later subjected to medical examination.
(3.) After the investigation, charge sheet was filed against the accused for the offences punishable u/s 343, 363, 366, 376 (2)(h) and (m) of IPC and Sec. 6 of the POCSO Act; and upon a charge being framed for the said offences and being read over, the accused pleaded not guilty. The prosecution commenced its evidence and examined in all 22 witnesses, including the prosecutrix - P.W.1, her father - P.W.2, her maternal aunt -P.W.6, doctor who examined the prosecutrix - P.W.14, an Assistant Professor in Forensic Medicine with KIMS - P.W.15 and the police personnel. Amongst different exhibits marked on behalf of the prosecution, the Medical Certificate, Certificate of Birth and Caste issued by the school where the prosecutrix is said to have studied 9th and 10th standard, Prosecutrix's Age Determination Certificate - Ex.P.18 and Medical Examination Reports (Ex.P.13) are marked. These witnesses have been cross-examined on behalf of the accused and his statement is also recorded u/S 313 of Cr.P.C.;