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K. NATARAJAN
Linganna – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
K.Natarajan, J. - This petition is filed by the petitioner-accused under Section 439 of Cr.P.C., for granting bail in Crime No.114/2021 (Special Case No.369/2021 of Madhugiri Police Station, Tumakuru pending on the file of additional District and Sessions Judge (FTSC-1), Tumakuru for the offences punishable under Sections 448, 376aB, 506 of IPC and Section 6 of POCSO act.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State. Though respondent No.2 is served, but remained unrepresented.
3. The case of the prosecution is that the complainant who is the mother of the victim girl filed a complaint to the Police on 03.09.2021 alleging that the petitioner is said to have sexually assaulted her minor daughter aged about 11 years 10 months. Based upon the complaint, the Police arrested the petitioner on 04.09.2021 and he was remanded to the judicial custody. His bail petition came to be rejected during the investigation stage. Hence, he is before this Court after filing of the charge-sheet.
4. Learned counsel for the petitioner has contended that the offence under Section 6 of POCSO act is not made out. Of
The main legal point established in the judgment is that the nature of the sexual assault and the evidence presented are crucial in determining the appropriate section of the POCSO act applicable to ....
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
The main legal point established in the judgment is the significance of medical evidence in cases involving allegations of sexual offenses, and the court's discretion in granting bail based on the co....
The clear provisions of the POCSO Act defining a minor as a girl below the age of 18 years and the importance of medical evidence in cases of sexual assault against minors.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
Determining valid consent under the POCSO Act involves considering age and promises made, with such determinations being reserved for trial proceedings.
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