- 1 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 591 OF 2021 (C) BETWEEN: 1. MR. SAJITH S/O ANNAPPA, AGED 21 YEARS, RESIDING AT AKSHARANAGAR, BALEHONNUR, N R PURA, CHIKKAMAGALURU – 577 112. …APPELLANT (BY SRI. YADUNANDAN N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE BALEHONNUR POLICE STATION, CHIKKAMAGALURU, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNTAKA BENGLAURU – 560 001. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 2. SMT. JYOTHI W/O SUBRAMANYA AGED 37 YEARS KANABURU VILLAGE N.R. PURA TALUK, CHIKKAMAGALURU – 577 112. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. NIROOP SUKIRTHY V, ADVOCATE FOR R2) THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 19.04.2021 PASSED BY THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, CHIKKAMAGALURU IN SPL.C.(POCSO).NO.50/2018 AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 ORAL JUDGMENT This appeal has been filed by the appellant being aggrieved by the judgment of conviction and order on sentence dated 19.04.2021 passed in Spl.Case.(POCSO)No.50/2018, on the file of Additional District and Sessions Judge, FTSC-I, Chikkamagaluru, wherein, the appellant has been convicted for the offences punishable under Section 5(l) read with 6 of Prevention of Children from Sexual Offences Act, 2012 (for short POCSO Act) and Section 376(2)(n) 366(a) and 344 of Indian Penal Code (for short I.P.C). Factual matrix of the case: 2. The case of the prosecution is that the appellant is stated to be the resident of Aksharanagar, Balehonnur, N.R.Pura Taluk. As per the averments of the complaint, the appellant loved PW-2 and it is stated that he had committed sexual assault on the pretext of marriage. The mother of the victim has learnt that victim has been subjected to sexual assault. On 30.06.2018, the mother of the victim had scolded the victim. - 4 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 3. The victim had informed the said fact to the appellant. The appellant taking advantage of the quarrel between the victim and her mother, kidnapped the victim and kept her in the house of his grandmother. Thereafter, with the help of accused No.2, he has taken her to Hassan, from there both of them have traveled to Bangalore and stayed in the house of CW-19 and CW-20. It is stated that on 02.07.2018, the appellant had married the victim. After the marriage, it is stated that he had committed sexual assault on the victim. 4. The mother of the victim has lodged a complaint against the appellant for the offences punishable under Section 363 of I.P.C. Subsequently, the investigation has been culminated in filing up of the charge-sheet for the offences punishable under Section 366, 344, 363, 366(a), 376(2)(n) of I.P.C and under Section 5(l), 6 and 18 of POCSO, Act, 2012 and Section 9 of Child Marriage Restrained Act. 5. Heard Shri.Yadunandan N., learned Counsel for the appellant and Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1 – State of Karnataka - 5 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 and Shri.Niroop Sukirthy V, learned counsel for respondent No.2. 6. The submission of learned Counsel for the appellant is that, the judgment of conviction and order on sentence passed by the Trial Court is contrary to the evidence on record and also contrary to the settled principles of law. Hence, the same is liable to be set aside. 7. It is further submitted that, the prosecution has not examined the material witnesses namely C.W.-19 and CW-20, they are stated to be the owner of the house where the alleged incident of sexual assault had taken place. Non-examination of the material witnesses, certainly, would be fatal to the case of the prosecution. Such being the fact, the Trial Court has committed the error in recording the conviction on the basis of the evidence of sole prosecutrix if it is not in consonance with the facts of the case. Therefore, the conviction is liable to be set aside and the appellant may be enlarged on bail by suspending the sentence. 8. Per Contra, the learned High Court Government Pleader for respondent – State, vehemently submitted that, the - 6 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 victim / PW-2 has supported the case of the prosecution stating that she has been subjected to sexual assault by the appellant and she was induced to accompany him based on the false promise of marriage. The appellant knowingly that the victim was minor had committed sexual assault on her. Therefore, the Trial Court has rightly convicted the appellant. Hence, it is not appropriate to interfere with the findings of the Trial Court. Making such submissions the learned High Court Government Pleader prays to dismiss the appeal. 9. Having heard the learned counsel appearing for the respective parties and on perusal of the findings of the Trial Court, it appears from the record that PW-1 lodges a complaint stating that, her daughter who is the victim in this case had been kidnapped by the appellant. The respondent – Police after registering a case conducted investigation. During the investigation, they have secured the presence of the victim and recorded her statement. As per the statement of the victim, she had been subjected to sexual assault after the marriage. However, in the complaint it is alleged that the victim had been subjected to sexual assault prior to the marriage. - 7 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 10. Be that as it may, P.W.-2 is the victim, she has deposed in her evidence that she had completed SSLC and joined 1st PUC at Balehonnur, N.R.Pura Taluk. According to her, she knew the appellant. It is contended by the appellant that, as he was engaged with his relative for marriage, the victim along with her mother with an intention to trouble the appellant had lodged a complaint to implicate him in a false case. However, the said contention has been negatived by the victim. It is also suggested to her that she was not gone to Bangalore. The said aspect has been denied by the victim. 11. Having gone through the evidence of these two witnesses who are stated to be the material witnesses, it appears that C.W.-19 and C.W.-20 are the material witnesses. They were supposed to be examined by the prosecution to substantiate that victim had been to Bangalore along with the appellant and stayed in the house of C.W.-19 and C.W.-20. 12. As the prosecution has failed to examine the material witnesses, prima-facie, I am of the opinion that the matter requires reconsideration. Hence, it is appropriate to allow the application. Hence, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC:55164 CRL.A No. 591 of 2021 ORDER i. The Criminal Appeal is allowed. ii. The judgment of conviction and order on sentence dated 19.04.2021 passed by the learned Additional District and Sessions Judge, FTSC-1, Chikkamagaluru, in Special Case(POCSO) No.50/2018 for the offences stated supra, is hereby, set aside. iii. The appellant/accused is acquitted for the offences stated supra. iv. The Registry is directed to communicate this order to the concerned jail authority. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 33