Murali v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:40543( CRL.A(No.(1216(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010326302023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RD DATED(THIS(THE(3 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(S(RACHAIAH(

CRIMINAL(APPEAL(NO.(1216(OF(2023((C)(

( BETWEEN:(( ( , MURALI,, S/O.,GOPAL,, AGED,ABOUT,24,YEARS,, R/AT,M.,R.,KOTTURU,VILLAGE,, ANDERSONPET,,KOLAR,GOLD,FILED,, DISTRICT,KOLAR,–,563,113., , Di gitally …APPELLANT, signedtiby SUSHMA LAKSHMI0B (BY,SRI.,TIGADI,VEERANNA,GADIGEPPA.,,ADVOCATE), S Location: , High0Court of0Karnataka AND:( (

1., THE,STATE,OF,KARNATAKA,, REP.,BY,CIRCLE,INSPECTOR,, OF,POLICE,,ROBERTSONPET,, KGF,,DISTRICT,KOLAR,, REP.,BY,STATE,PUBLIC,PROSECUTOR,, ((((((((((((HC-KAR, NC:(2026:KHC:40543( CRL.A(No.(1216(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010326302023( ( ( HIGH,COURT,OF,KARNATAKA,, BANGALORE,–,560,001., ,

2., VICTIM,GIRL,, REP.,BY,FATHER,, MURALI,, S/O.,SRINIVASACHARI,, R/AT,M.,R.,KOTTURU,VILLAGE,, ANDERSONPET,, KOLAR,GOLD,FIELD,, DISTRICT,KOLAR,–,563,113., , …RESPONDENTS, (BY,SRI.,JAVEED,S.,,HCGP,FOR,R1;, SRI.,RAMESH,H.,N.,,ADVOCATE,FOR,R2), ----, , THIS, CRL.A, IS, FILED, U/S, 374(2), CR.PC, BY, THE, ADVOCATE, FOR, THE, APPELLANT, PRAYING, TO, ALLOW, THE, APPEAL, BY, SETTING, ASIDE, THE, IMPUGNED, JUDGMENT, OF, CONVICTION, DATED, 09.06.2023, AND, SENTENCE, DATED,

12.06.2023,,PASSED,BY,THE,ADDL.,DISTRICT,AND,SESSIONS, JUDGE,, FTSC-1, (POCSO), AT, KOLAR,, IN, SPL.C(POCSO)NO.92/2022,, FOR, THE, OFFENCE, P/U/S, 363,, 376(2)(n),OF,IPC,AND,SEC.6,OF,POCSO,ACT.,, , THIS, APPEAL,, COMING, ON, FOR, HEARING,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,S,RACHAIAH,

ORAL JUDGMENT

Learned counsel for the respective parties filed an application under Section 320 read with Section 482 of Cr.P.C. along with joint affidavit of the respective parties.

¶2The appellant is convicted for the offence punishable under Section 363, 376(2)(n) of the Indian Penal Code, 1860 and under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the appellant has been sentenced to undergo rigorous imprisonment for 05 years and to pay a fine of Rs.10,000/- for the offence under Section 363 of IPC and also to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.20,000/- and in default to undergo simple imprisonment for a period of 06 month for the offence under Section 6 of POCSO Act.

¶3It is stated in the affidavit that the victim married the appellant on 29.10.2025 in the presence of family members and the same has been registered on 14.01.2026 under the Hindu Marriage Act. It is stated that they are living happily with

the blessings of both the families and filed joint affidavit in that regard. The contents of the joint affidavit reads as under:

"1. By a judgment conviction dated 09.06.2023 the appellant is convicted for the offences punishable under Sections 363, 376(2)(n) of Indian Penal Code, 1860 and under Section 6 of the Protection of Children fro Sexual offences Act, 2012 and by an order of sentence dated 12.03.2023 in Special Case (POCSO) No.92/2022 passed by the learned Additional Sessions Judge, Fast Track Special Court-I (POCSO), Kolar sentenced the appellants/accused to undergo rigorous imprisonment for five years and to pay a fine of Rs.10,000/- and in default to undergo simple imprisonment for a period of three months for the offence punishable under Section 363 of India Penal Code, 1860 and to undergo rigorous imprisonment for twenty years and pay a fine of Rs.20,000/- in default to undergo simple imprisonment for six months for the offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012.

¶2The appellant/accused being aggrieved by the judgment of conviction dated 09.06.2023 and order of sentence dated

12.06.2023 in Special Case (POCSO) No:92/2022 passed by the learned Additional District and Sessions Judge, Fast Track Special Court-I (POCSO), Kolar has filed this appeal.

¶3PW.1 victim girl and the appellant accused were in love with each other. After PW.1 victim girl attained age of majority, on 29.10.2025 appellant/accused and PW.1 victim girl have married in the presence and with the blessings of their families. On 14.01.2026 their marriage is registered under the provisions of Hindu Marriage Act. They are leading happy married life with blessings of both their families."

¶4Having considered the same and also in order to secure the ends of justice, by exercising inherent jurisdiction under Section 482 of Cr.P.C. it is appropriate to record the compromise. Hence, I proceed to the following:

ORDER

i) IA.No.1/2026 is allowed. Consequently, the appeal stands disposed off in terms of settlement.

ii) The impugned judgment of conviction and order on sentence dated 09.06.2023 and

12.06.2023, respectively passed by the learned Additional District and Sessions Judge, FTSC-1 (POCSO), Kolar in Spl.C.(POCSO) No.92/2022 is set aside.

iii) The appellant is acquitted for the offences punishable under Sections 363 and 376(2)(n) of Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

iv) Bail bonds executed, if any, stands cancelled.

This appeal has been disposed off considering the marriage between the victim and the appellant in order to maintain quietus between the parties. However, this may not be treated as precedent to any other cases.

Sd/-

(S RACHAIAH) JUDGE

NR/- List No.: 1 Sl No.: 50