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H. B. PRABHAKARA SASTRY, UMESH M. ADIGA
State of Karnataka, by V. V. Puram Police Station, Represented by State Public Prosecutor – Appellant
Versus
Gireesh, S/o. Ramesha – Respondent
| Table of Content |
|---|
| 1. challenge of acquittal in criminal appeal. (Para 1 , 2) |
| 2. details of the victim's kidnapping and background. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. prosecution evidence and key witness statements. (Para 10 , 13 , 15 , 17 , 18) |
| 4. defense arguments surrounding victim's age and consent. (Para 12 , 19 , 20 , 21 , 23) |
| 5. court's analysis of the evidence presented. (Para 14 , 16 , 22 , 24 , 25) |
| 6. final decision and rationale for conviction. (Para 26) |
| 7. consideration of the psychological background of witnesses. (Para 46 , 56) |
| 8. final ruling on the appeal and verdict. (Para 84) |
JUDGMENT :
This is State’s appeal challenging impugned judgment dated 04.10.2016 passed by the learned VI Additional District and Special Judge, Mysuru in S.C. No.25/2014 acquitting the accused for the offences punishable under Sections 366 , 376 and 506 read with Section 34 of IPC and also Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for brevity ‘POCSO Act’).
2. We refer to the parties as per their rank before the Trial Court.
3. It is the case of prosecution that PW-1, the victim girl is daughter of PW-2/C.Rangaswamy and CW-3/Smt. Rathnamma. PW-2/Rangaswamy along with his
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