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This appeal is filed by the State through Bankapur Police in Haveri District challenging the judgment of acquittal dated 19.01.2018 passed by the Principal District and Sessions Judge and Special Judge, Haveri in Spl. S.C.No.31/2015 whereby the leaned Sessions Judge has acquitted the accused for the offence punishable under Sections 363, 366, 376 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC', for short) and under Section 4 and 12 of the Protection of Children from Sexual Offices Act, 2012 (hereinafter referred to as 'POCSO Act', for short).

2. For the sake of convenience, the parties herein are referred to with their original ranks occupied by them before the trial Court.

3. Brief factual matrix leading to the case is as under:

That the complainant's daughter victim aged about 16 years had gone to her grandparents' house situated in Ibrahimpur at Shiggaon Taluk. During her stay there, she had developed friendship with the accused who was residing there itself and they started to love each other and he gave her false assurance of marriage. It is the further case of the prosecution that on 23.07.2015 at 12.00 p.m., when the victim had gone to Bankapur Darga along with her aunt, accused called her and induced her to come near bus stand and when she went there, he kidnapped her from the lawful guardianship and took her to Haveri, then to Davanagere by bus and then by a train to Bengaluru. Further, it is alleged that they went to Karmade in Mettupalyan taluk, Koimbatore District, Tamilnadu State and stayed there in a rented house. It is the further case of the prosecution that on 25.07.2015, accused committed rape on the victim having full knowledge that she is a minor. The father of the victim has lodged a complaint and on the basis of the same, the police have apprehended the accused and victim in Karmade village in Tamil Nadu State and brought to Bankapur Police Station. Thereafter, the victim as well as accused subjected to medical examination and statement of the victim under Section 164 of Code of Criminal Procedure , 1973 (hereinafter referred to as 'Cr.P.C.', for short) was recorded. The accused was remanded to judicial custody. The Investigating Officer has investigated the crime and collected the materials regarding age, sexual assault on the victim and then found that there are sufficient materials as against the accused and as such, he has submitted the charge sheet against the accused.

15. According to the prosecution, the incident has occurred on 23.07.2015 and the victim was traced on 31.07.2015 and she was brought back to Bankapur police station. It is also evident from the records that from 31.07.2015 to 10.08.2015 victim was in the custody of Child Welfare Committee of Haveri. In this period, her parents used to meet her and accused was in judicial custody from 31.07.2015 till the judgment is being pronounced. Hence, it is evident that question of accused influencing the victim does not arise at all.

16. The victim was examined as PW-10 and in her evidence, she has deposed that she had come to Ibrahimpur to the house of her maternal grandparents and in front of the said house, the house of accused is situated and accused used to talk to her. She further deposed that accused used to disclose his love towards her assuring her of marriage and she also used to love him. In her further examination-in-chief, she claims that she has not seen her date of birth certificate and her evidence discloses that she was regularly in conversation on phone with accused. According to the prosecution, when she had been to Darga of Bankapur, accused called her on mobile and secured her and thereafter kidnapped her by enticing her. But in her examination-in- chief, she specifically deposed that she herself has called accused on phone and when he asked her to come to bus stand, she went to bus stand by giving lame excuse to PW-7. Though she claimed that initially she has refused to come with him, he threatened her of reporting the same to her parents. Therefore, she accompanied him. Her evidence discloses that all along she has not raised any hue and cry and she has voluntarily accompanied him. She has also deposed that accused has committed sexual assault on her. However, in the cross-examination she asserts that she was in love with accused. She admitted that she has not raised any objection for sexual relationship nor she raised any hue and cry while traveling with accused. This witness though supported the case of the prosecution, it is evident that she has not disclosed the true facts and concealing certain material objects. In her evidence she claimed that the accused asked her to come to bus stand and she went there and accused threatened her to join her. But her 164 statement marked at Ex.P-11 discloses that she herself contacted the accused and secured him and then from Bankapur she went to Haveri along with accused. Hence, her 164 statement discloses that she has taken lead all along. She has also specifically stated that accused never forced or enticed her and she has voluntarily accompanied him and after having married him, she had physical relationship with him. But during the course of the evidence, she has given a goby to this evidence and no explanation is forthcoming as to why she has given an inconsistent statement before the learned Magistrate which was recorded under Section 164(5) of Cr.P.C.