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6. Having heard the arguments on both sides, the trial Court acquitted the accused for the offences punishable under Section 376 of IPC and under Section 4 of POCSO Act, 2012. The trial Court convicted the accused and sentenced to undergo Simple Imprisonment for a period of NC: 2025:KHC:48058 HC-KAR 6 months for the offence under Section 448 of IPC. Further the accused is sentenced to undergo Simple Imprisonment for a period of 6 months for the offence under Section 323 of IPC. Further the accused is sentenced to undergo Simple Imprisonment for a period of 3 years for the offence under 366 of IPC and shall pay a fine of fine of Rs.5,000/-. Being aggrieved by the judgment of conviction and order on sentence, the accused/appellant has preferred this appeal.

15. With regard to the offence punishable under Section 448 of IPC is concerned, the prosecution has to prove the

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NC: 2025:KHC:48058 HC-KAR essential ingredients to constitute the offence punishable under section 448 of Indian Penal Code as under:

"(a) the accused committed criminal trespass;
(b) that he trespassed by unlawfully entering into or by remaining on the property unlawfully after initial lawful entry;

22. PW8-Victim girl has not deposed that the accused/appellant and others trespassed into their house and took her on bike. Therefore, it is crystal clear that, absolutely there is no cogent, clinching, corroborative evidence to convict the accused for the offence under section 448 of Indian Penal Code.

23. With regard to offence under Section 323 of IPC is concerned, in Ex.P1, the complainant-PW1 has stated that the accused-Srikantha and two others assaulted PW1 with hands. PW1-Shivanna has not deposed in his evidence that the accused and two others have assaulted him with hands. Absolutely, there are no evidence placed before this Court to convict the accused for the offence under section 323 of Indian Penal Code.

27. On careful examination of the entire evidence on record, I do not find any evidence to constitute the offence punishable under sections 323, 448 and 366 of IPC. The entire case of the prosecution is not corroborated by legal evidence. However, the trial Court has convicted the accused for the commission of alleged offence under sections 323, 366 and 448 of Indian Penal Code, which is not sustainable under law. Accordingly, I proceed to pass the following:

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