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H. P. SANDESH
Lingaraj P. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
2. The factual matrix of the case of the prosecution is that the victim girl who is aged about 14 years was subjected to sexual assault by the accused/petitioner persuading her that he would marry her and he took her in a motorcycle and thereafter took her to Bengaluru from Chitradurga in a bus and they spent time in Majestic at Bengaluru and on 09.11.2021 he took her to Narasapura Industrial Area and hired a house belonging to Smt.Lakshmanna W/o Narayanappa for rent and kept her in the said house and subjected her to sexual act against her wish and hence, the police after investigation have filed a charge-sheet for the offences punishable under Sections 366(a), 376 IPC and Section 4 of the POCSO Act.
3. Learned counsel appearing for the petitioner contends that though an allegation subjecting the victim to sexual act is made but there are contradictions in the complaint as well as in the charge-sheet. In the charge-sheet the allegation is made that the accused/petitioner took her to Bengaluru in a bus and no allegation of subjectin
Prima facie medical evidence is crucial in cases of sexual assault to establish the prosecution's case.
The heinous nature of the offences and prima facie evidence are crucial factors in determining bail applications in cases involving sexual offences against minors.
The timing of the sexual act in relation to the marriage is crucial in determining the applicability of certain offences and the grant of bail.
The allegation of sexual assault must be supported by medical evidence for it to be proven in court.
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
The absence of evidence supporting serious allegations can justify granting bail.
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