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H. P. SANDESH
Sangappa Gowdar – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.192/2021 of Konanakunte Police Station, Bengaluru City, for the offences punishable under Ss. 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' Act for short) and under Sec. 376 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1/State.
3. The factual matrix of the case is that, this petitioner was staying in the house of the victim girl, who is aged about 10 years and in the midnight, he subjected her for sexual act and when she screamed at the spot, the sister of the victim girl woke up and scolded this petitioner. The victim girl was subjected to medical examination on the very next day and statement under Sec. 164 of Cr.P.C. was also recorded by the Magistrate. The sister of the victim girl has also given the statement before the Magistrate under Sec. 164(5) of Cr.P.C.
4. The learned counsel for the petitioner would submit that, though the age of the victim girl is mentioned as 10 years, the Doctor has opined that she is aged about 16 years. The le
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.
Determining valid consent under the POCSO Act involves considering age and promises made, with such determinations being reserved for trial proceedings.
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....
A minor's consent is not valid for sexual intercourse, and the age of consent for sexual intercourse is definitively 18 years.
Inconsistency in medical examination findings and lack of criminal antecedents as factors in granting bail.
The vulnerability of a minor victim, the weight of the victim's testimony, and the heinous nature of the offence are crucial factors in bail decisions for cases involving sexual offences against chil....
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 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.
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