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H. P. SANDESH
Sudeep – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - Heard learned counsel for the petitioner and learned High Court Government Pleader.
2. Factual matrix of the case of the prosecution is that victim had given complaint on 28.04.2022 narrating the fact that this petitioner committed sexual act against her wish on 07.01.2022 and also he threatened not to reveal the same to anybody or otherwise he is going to pour acid on her and hence she did not gave any complaint but he repeated the said act and also he use to make phone calls and threaten her. That on 30.03.2022 at about 8.30 p.m. when she was feeding cattle in the cow shed, he came and suddenly tried to commit sexual act and when she screamed, he assaulted her and her daughter rushed to the spot and having noticed the same, he left the place. When the daughter tried to tell the same to her husband she was consoled her not to reveal the same and she will reveal the same. But immediately she made an attempt to commit suicide by consuming poison and immediately she was shifted to hospital and she also gave statement before the Magistrate on 05.04.2022 and complaint was lodged on 28.04.2022.
3. Learned counsel appearing for the petitioner would submit that ea
The allegation of sexual assault must be supported by medical evidence for it to be proven in court.
Prima facie medical evidence is crucial in cases of sexual assault to establish the prosecution's case.
Inconsistencies in allegations and strong bond between accused and victim influenced the court's decision to grant bail.
A statement under Section 164 Cr.P.C. cannot serve as substantive evidence for conviction without corroborating evidence, especially when key witnesses turn hostile.
Presumption of guilt under POCSO, consistency of witness statements, attempt to influence witness as grounds for denying bail
The court emphasized the necessity of corroborative evidence in sexual assault cases, especially when the victim's testimony is the sole basis for conviction.
Anticipatory bail was denied based on corroborated victim testimony and medical evidence supporting serious allegations against the petitioners.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The heinous nature of the offences and prima facie evidence are crucial factors in determining bail applications in cases involving sexual offences against minors.
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