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K. SOMASHEKAR, C. M. JOSHI
State of Karnataka – Appellant
Versus
Basavaraju S/o Thippeswamy – Respondent
JUDGMENT :
K. SOMASHEKAR, J.
1. In this appeal challenging the judgment of acquittal rendered by the II Addl. District and Sessions Judge, Chitradurga in Spl. Case (POCSO) No. 11/2015 dated 28.04.2016 acquitting the accused for the offences punishable under Sections 340, 363, 376, 506 of IPC besides Sections 4 and 12 of POCSO Act, 2012. In this appeal seeking intervention by consideration of the grounds urged therein and reversal of the acquittal judgment rendered by the trial Court and to convict the accused for the offences for which leveled against them.
2. Heard learned HCGP for State and learned counsel Sri B.M. Siddappa for respondent No. 1 and learned counsel Sri N. Srinivasa for respondent Nos. 2 and 3. Though respondent No. 4 is served, but remained unrepresented. Perused the judgment of acquittal rendered by the trial Court.
3. The factual matrix of the appeal is as under:
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
The judgment emphasizes the importance of providing a proper explanation for the delay in filing a complaint and highlights the rarity of false charges of rape.
As per definition of Section 361 of IPC, if a minor was abducted from guardian, it amounts to an offence punishable under Section 363 of IPC.
Point of Law : Trial Court had appreciated the evidence in proper perspective and also assigned justifiable and sound reasons in rendering the acquittal judgment. There is no perversity, absurdity o....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
Point of Law : Section 3 of the Indian Evidence Act, 1872 even to prove / disprove or not prove this domain is equally vested with the prosecution and also an important domain vested with the Trial C....
The prosecution must prove the victim's age and presence of sexual assault beyond reasonable doubt; lack of corroborative evidence can lead to acquittal.
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