- 1 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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. 3. SMT. PRAGATI W/O SIDDARTH JADHAV, AGE. 19 YEARS, OCC. HOUSE WIFE, 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. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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 - 3 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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 - 4 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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 - 5 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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.” - 6 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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 - 7 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 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. - 8 - HC-KAR NC: 2025:KHC-D:12320 CRL.A No. 100501 of 2025 (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 LIST NO.: 1 SL NO.: 32