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H. B. PRABHAKARA SASTRY, ANIL B. KATTI
State, through Grameen Police Station, Gulbarga – Appellant
Versus
Sharanu @ Sharanappa @ Sharanabasappa, S/o. Yashwant Jamadar – Respondent
JUDGMENT :
The State has filed this appeal under Section 378 (1) & (3) of the Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as "the Cr.P.C."), challenging the judgment of acquittal dated 18-11-2013 passed by the learned I Additional Sessions Judge at Gulbarga (hereinafter for brevity referred to as "the Sessions Judge's Court") in Sessions Case No.335/2012, acquitting the accused of the offences punishable under Sections 450, 376 and 506 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC").
2. The summary of the case of the prosecution in the Sessions Judge's Court was that, the accused, who was a married person having wife and two children and a resident of the village of the complainant/victim, was asking her to have sexual intercourse with him and was always following her and used to threaten her. In the month of December 2011, on a day in the afternoon, when the other members of the family of the victim girl had been to their agricultural land for work, noticing that the complainant/victim was alone in her house, the accused barged into her house and caught hold of her, closed her mouth with the help of a cloth and assaulted h
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
Consent under threat is not valid in law. Victim's age must be determined by appropriate legal standards to ensure protection under the POCSO Act.
The central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
The Court ruled that evidence of school records is primary for establishing age in sexual offense cases, and a minor's consent is irrelevant. Conviction under Section 366A was modified to Section 363....
The main legal point established in the judgment is the importance of following the procedure laid down in the Juvenile Justice Act and Rules for determining juvenility. The court emphasized the need....
The victim's testimony, even without corroboration, can be sufficient for conviction in cases of sexual assault, and the presumption of guilt under the POCSO Act can be applied.
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