Back
IN THE HIGH COURT OF KARNATAKA BENCH AT DHARWAD
H.T. Narendra Prasad, Rajendra Badamikar, JJ.
Channabasappa - Appellant
Versus
State of Karnataka - Respondent
Crl. A. No. 100205/2017
Decided On : 31-03-2022
POCSO Act - Sexual Assault - Section 376(2)(f) of IPC, Section 4 and 12 of POCSO Act - The court found the accused guilty of committing penetrative sexual assault on a 5-year-old victim girl. The medical evidence corroborated the victim's testimony, establishing the accused's guilt beyond reasonable doubt. The court upheld the judgment of conviction and the sentence imposed by the trial court.
Fact of the Case:
The accused, a relative of the victim, committed penetrative sexual assault on the 5-year-old victim girl in her grandfather's house. The victim's mother and grandfather testified to finding the victim in distress, and medical evidence confirmed the assault. The accused denied the charges but provided no evidence in support of his defense.
Finding of the Court:
The court found the accused guilty of the offense punishable under Section 376(2)(f) of IPC and Sections 4 and 12 of POCSO Act. The judgment of conviction and the sentence imposed by the trial court were upheld.
Issues: 1. Whether the accused committed penetrative sexual assault on the victim girl. 2. Whether the judgment of conviction and order of sentence passed by the trial court warranted interference.
Ratio Decidendi: The court relied on the victim's testimony, corroborated by medical evidence, to establish the accused's guilt beyond reasonable doubt. The medical evidence confirmed injuries consistent with penetrative sexual assault, supporting the victim's account. The court found no grounds to interfere with the trial court's judgment and sentence.
Final Decision: The criminal appeal was dismissed, confirming the judgment of conviction and order of sentence passed by the trial court.
JUDGMENT
Rajendra Badamikar, J. - Appellant/accused has filed this appeal under Section 374(2) of Cr.P.C. assailing the judgment of conviction and order of sentence passed by the Principal District and Sessions Judge and Special Judge, Haveri in Spl.S.C. No. 17/2014 whereby the learned Special judge has convicted the appellant/accused for the offence punishable under Section 376(2)(f) of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for short) by imposing imprisonment for life with fine of Rs. 25,000/- with default clause and for the offence punishable under Section 12 of POCSO Act, he was imposed rigorous imprisonment for 2 years with fine of Rs. 5,000/- with default clause.
2. For the sake of convenience, parties shall be referred with the original ranks occupied by them before the trial court
3. The brief factual matrix leading to the case are as under:
That the victim girl is daughter of the complainant-Manjavva and the victim is aged about 5 years and attending anganawadi at Kurdakodihalli village of Byadagi taluk. That the accused is relative of the complainant and is also residing in the same village. It is further case of the prosecution that complainant and her husband used to go to work every day for coolie or agriculture work and at that time, they used to leave their daughter i.e., victim girl in the parental house of the complainant which is situated in the same village. The house of the accused is also situated in the same vicinity of the parental house of the complainant. It is further case of the prosecution that on 27.07.2014, at 10.00 a.m. the complainant left her daughter in her parental house and went to the land for agricultural work. At about 3.00 p.m. the accused came near the said house belonging to the father of the complainant and took the victim girl inside the house. It is further alleged that, he made her to lay on the floor, removed her panty and removed his innerwear and then fell on her in an attempt to penetrate her vagina. It is also alleged that he has also bite on her chin and forehead having knowledge that she was a minor. When the victim girl cried, her grandfather rushed inside the house and on seeing him, the accused ran away from the spot by pushing the grandfather. When the complainant returned in the evening she got information about all these aspects and the victim was complaining of pain in her vagina and other parts of the body. As there was no vehicle facility, they stayed in the village on that night and on the next day morning they went to Byadagi and reported the matter to doctor who in turn reported to concerned police. Then victim girl was sent to District Hospital, Haveri and a complaint was also lodged. On the basis of the complaint, the crime came to be registered and the accused was arrested on 29.07.2014 and was also subjected to medical examination. The investigating officer has recorded the statement of the witnesses and found that there is material evidence as against the accused for having committed penetrative sexual assault on the victim girl and as such, submitted the charge sheet against the accused for the offence punishable under Sections 376(2)(f) of IPC and Sections 4 and 12 of POCSO Act. After submission of the charge sheet, as there is sufficient material against the accused, cognizance of the said offence was taken. The learned Special Judge has also secured the accused and accused was represented by defence counsel. The prosecution papers were also furnished to the accused.
4. Then, Special Judge has framed charge under Section 376(2) of IPC and Sections 4 and 12 of POCSO Act and the same was read over and explained to the accused. The accused pleaded not guilty and claimed to be tried.
5. The prosecution in order to prove the guilt of the accused has examined in all 18 witnesses and has also placed reliance on 24 documents and 6 material objects.
6. After conclusion of the evidence of the
AI
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
Point of Law : Section 42 and Section 42A of POCSO Act, if accused is convicted under provisions of IPC as well under POCSO Act, higher punishment is required to be imposed.
Conviction for sexual assault can rely on victim testimony alone, even in the absence of physical evidence, provided the testimony is credible.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
Rape – Conviction and sentence must be upheld where victim’s testimony is not only consistent but fairly detailed also.
The judgment emphasizes the importance of evaluating witness demeanor and corroborating evidence in establishing guilt beyond reasonable doubt in cases of sexual assault against minors.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
