Back
K. NATARAJAN
Subramani S/o Late Venkatappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
K. NATARAJAN, J.
1. This appeal is filed by the appellant/accused under Section 374(2) of Cr.P.C for setting aside the judgment of conviction and sentence passed by the II Additional District and Sessions Judge, Kolar dated 02.11.2018 in S.C. No. 21/2017 for having found the accused guilty and convicted the appellant for offences punishable under Sections 363, 376 of IPC and section 6 of POCSO Act.
2. Heard the learned counsel for appellant and the learned HCGP for State.
3. The ranks of the parties before the trial Court retained for convenience.
4. The case of the prosecution is that on the complaint of PW1/Roopamma the mother of victim filed complaint to the police as per Ex.P1 alleging that her daughter went to the school on 24.11.2016 and later she was found missing. After receipt of the complaint, during the investigation they traced the victim girl PW2/victim girl and she was taken to the Chintamani police station, later she was handed over to Kolar Police Station on the point of jurisdiction. Her statement was recorded under Section 164 of Cr.P.C. Thereafter, she was subjected to the medical examination and came to know that the accused had abducted the victim girl in
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
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
