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SURAJ GOVINDARAJ, G. BASAVARAJA
State of Karnataka – Appellant
Versus
Sharif – Respondent
JUDGMENT/ORDER
G.BASAVARAJA, J. - The State has preferred this appeal under Sec. 378(1) and (3) of Cr.P.C., seeking to grant leave to appeal against the judgment and order of acquittal dtd. 24/4/2019 passed by the II Additional District and Sessions Judge and Spl. Judge, Dharwad in Spl.S.C.No.30/2017 and to set aside the judgment and order of acquittal dtd. 24/4/2019 passed by the II Additional District and Sessions Judge and Spl. Judge at Dharwad in Spl.S.C.No.30/2017 and convict the respondents/ accused for the offences punishable under Ss. 323, 506, 448, 354(D), 376 read with Sec. 34 of the Indian Penal Code, 1860 (for short, 'the IPC') and under Sec. 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').
2. The brief facts of the case of the prosecution are that:
2.1. Prior to one year from 1/7/2017, the accused No.1, used to follow the victim girl, blow whistles, and use other means to pressurize her in one way or another to accept his love proposal.
2.2. On 1/7/2017, the accused No.1 came to the house of the victim girl from the back door by covering his face with a monkey cap, hugged the victim girl tightly, gagged a cloth into her
The judgment emphasizes the importance of providing a proper explanation for the delay in filing a complaint and highlights the rarity of false charges of rape.
Point of Law : Section 42 and Section 42A of POCSO Act, if accused is convicted under provisions of IPC as well under POCSO Act, higher punishment is required to be imposed.
Point of Law : Acquittal judgment rendered by Trial Court does not suffer from any infirmity and there is no perversity, absurdity or illegality committed by Trial Court. [Para 31]
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
Point of law: POCSO Act - Testimony of the victim and her mother PW1 does not inspire confidence in the mind of the Court to hold accused guilty of the alleged offence- while appreciating the evidenc....
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