- 1 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100570 OF 2023 (C) BETWEEN: NANU PATIL S/O. SAHADEVA, AGE. 43 YEARS, OCC. MUSIC TEACHER, R/O. DURGI, JOYIDA TALUK, KARWAR DIST., NOW R/AT. TALKAL VILLAGE, TQ. YELBURGA, DIST. KOPPAL, PIN-583283. …APPELLANT (BY SRI. A.R. PATIL, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 AND: THE STATE OF KARNATAKA, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, KUKNOOR POLICE STATION. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C. PRAYING TO, ALLOW THE CRIMINAL APPEAL AND TO SET ASIDE JUDGMENT AND ORDER OF CONVICTION DATED 25.10.2023 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1, KOPPAL IN S.C.NO.87/2017 FOR THE OFFENCE UNDER SECTION 354 OF IPC AND SECTION 8 OF POCSO ACT, AND SENTENCE PASSED ON 30.10.2023; ACCUSED SENTENCE TO UNDERGO SIMPLE IMPRISONMENTS FOR THREE YEARS WITH FINE OF RS.15,000/- AND ETC., THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This appeal has been filed by the appellant / accused being aggrieved by the judgment of conviction dated 25.10.2023 and order on sentence dated 30.10.2023 in S.C. No.87/2017 on the file of the Additional District and Sessions Judge, FTSC-1 at Koppal, wherein the accused has been convicted for the offences under Section 354 of Indian Penal Code (for short ‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and sentenced to undergo simple imprisonment for three years with fine of Rs.15,000/-, in default, to undergo simple imprisonment for six months, for the offence under Section 8 of the POCSO Act. Factual matrix of the case are as under: 2. The case of the prosecution is that a complaint came to be registered by Umadevi, who is the mother of the victim stating that the appellant belongs to Gouli caste and he was a Music Teacher in the Government Girl's Lower Primary School, Sanganal, where the victim was studying in VI Standard. On - 4 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 12.09.2017 at about 04.15 p.m., the accused is stated to have asked the victim to take him to upstairs as he is blind. When the victim took him to upstairs, it is alleged that, he had touched her inappropriately, with an intention to commit sexual assault. Upon receiving the information from the victim, on 17.09.2017 at 02.30 p.m., the complainant, lodged a complaint against the accused before the respondent - Police. The respondent – police after conducting the investigation, submitted the charge sheet. 3. To prove the case of the prosecution, the prosecution, in all, examined 21 witnesses as PWs.1 to 21 and got marked 33 documents as per Exs.P1 to P33. The defendant got marked Ex.D1 in support of his case. The Trial Court after considering the evidence on record convicted the accused for the above mentioned offences. 4. Heard Sri A.R.Patil, learned counsel for the appellant and Sri Praveen Y. Devareddiyavara, learned High Court Government Pleader for the respondent / State. 5. The submission of the learned counsel for the appellant is that the appellant is a blind person. He was - 5 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 working as a Music Teacher. The allegations levelled against him are baseless and false. Except the statement of the victim, none of the independent witnesses have spoken about his antecedents or character. The incident of the appellant touching the victim inappropriately with an intention to commit sexual assault has not been properly considered by the Trial Court. Therefore, the judgment of conviction passed by the Trial Court is liable to be set aside. Making such submissions, learned counsel for the appellant prays to allow the appeal. 6. Per contra, learned High Court Government Pleader for the respondent - State vehemently submitted that PW.8, being the mother of the victim, and P.W.19, being the victim, have clearly deposed before the Court that, the victim/P.W.19 had been subjected to sexual assault by way of touching her inappropriately by the applicant. The Trial Court rightly recorded the conviction, on considering the evidence of P.W.19. Therefore, it is not proper to grant any relief as prayed for in the appeal. Making such submissions, learned High Court Government Pleader prays to reject the appeal. - 6 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 7. Having heard learned counsel for the respective parties and on perusal of the findings of the Trial Court in recording the conviction, it is needless to state that the appellant is a Music Teacher and he is a blind person. Even assuming that, he might have asked the victim to take him to the first floor and even assuming that, he had touched the victim accidentally, that itself may not be a ground to conclude that he had an intention to commit sexual assault on the victim. Considering the evidence of P.W.19, if the appeal is not allowed, it would certainly amount to a mockery of justice and would affect society at large, particularly because blind persons are striving to come into the mainstream to live in society with dignity. If such allegations are made against them, it would certainly undermine their morality and dignity. There is a likelihood that this may lead or force them to become beggars in society. The appellant was on bail throughout trial. 8. In the light of the observation made above, I am of the considered opinion that the judgment of conviction and order of sentence passed by the Trial Court is erroneous and - 7 - HC-KAR NC: 2025:KHC-D:14733 CRL.A No. 100570 of 2023 contrary to the facts and law, therefore, it is liable to be set aside. 9. Hence, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The judgment of conviction dated 25.10.2023 and order on sentence dated 30.10.2023 passed in S.C.No.87/2017 by the Additional District and Sessions Judge, FTSC-1, at Koppal, is set aside. Sd/- (S.RACHAIAH) JUDGE Bss/CT: UMD List No.: 1 Sl No.: 29