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V. SRISHANANDA
Rakesh – Appellant
Versus
State of Karntaka – Respondent
JUDGMENT
1. Heard Sri Shivanand V.Pattanshetti, learned counsel for the appellant and Sri Gururaj V.Hasilkar, learned High Court Government Pleader.
2. The present appeal is directed against the judgment of conviction and order of sentence passed in Special POCSO Case No.29/2015 on the file of II-Additional Sessions Judge and Special Judge, Vijayapura.
3. Brief facts of the case are as under:
A complaint came to be lodged by Bhimappa stating that his son (victim boy) who is six years old was playing with his friends in the locality on 17/4/2013 at about 12.30 p.m. At that juncture, accused/appellant enticed the victim boy to visit him in the guise of giving dry grape fruits and took him to his house. Victim boy gullibly fell prey to the enticement and went inside the house of the accused. Accused closed the door from inside and removed the nicker of the boy and made him to sleep in prone position and he also disrobed himself and indulged in carnal intercourse with the victim boy and harassed the victim boy despite having the knowledge that the victim boy was aged 6 years and thereby committed the offence under Sec. 377 of IPC read with Ss. 5 and 6 of POCSO Act, 2012. Initially, the
The judgment reinforces the stringent application of the POCSO Act in cases of sexual offences against minors, emphasizing the importance of medical evidence and the credibility of child witnesses in....
Testimony of the victim in sexual offences carries significant weight, and absence of physical evidence does not negate conviction if the testimony is consistent and credible.
The court confirmed the conviction under IPC and POCSO Act, emphasizing that the prosecution proved the charges beyond reasonable doubt through credible testimony and medical evidence.
The court affirmed that repeated sexual intercourse with a minor under 18 years constitutes an aggravated offense under Section 6 of the POCSO Act, irrespective of consent claims, establishing the ac....
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