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2. The summary of the case of the prosecution is that on the date, 6.10.2018 at about 8.00 P.M., the accused committed rape and aggravated penetrative sexual assault upon his grand daughter i.e., the victim girl who was aged 5 years on the passage of Veterinary Hospital building situated near Heggadadevanakote Circle in Hunsur Town and thereby has committed offences punishable under Section 376 of IPC and Section 4 of the POCSO Act. However, after hearing both sides and perusing the material placed before it the Special Court, finding that there are sufficient material to frame the charge against the accused, has framed the charges about the offences punishable under Section 376(2)(f)(i) of IPC and under Section 5(i)(m) & (n) r/w Section 6 of the POCSO Act.

11. In the light of the above The points that arise for our consideration are:

1. Whether the prosecution has proved beyond all reasonable doubt that on the date 6.10.2014 at about 8.00 P.M. on the passage of Veterinary hospital building situated near Heggadadevanakote Circle in Hunsur Town within the limits of complainant Police Station, the accused has committed rape and aggravated penetrative sexual assault upon the victim girl who was his grand daughter and thereby has committed the offence punishable under Section 376(2)(f)(i) of IPC and under Section 5(1)(m) &