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SREENIVAS HARISH KUMAR, VIJAYKUMAR A. PATIL
State of Karnataka – Appellant
Versus
Gangadhara – Respondent
JUDGMENT :
Mr. Vijaykumar A. Patil, J. - This appeal is filed by the State questioning the correctness of the judgment of acquittal dated 08.12.2017 passed by the VI Addl. District and Special Judge, Mysuru in S.C.No.294/2016.
2. Facts in brief leading to filing of this appeal are that the accused is a resident of Ayarahalli village, he was working with PW-5 and CW-3 Lokesh as a Carpenter at Mysuru. On 11.06.2016, accused came to the house of PW- 1, CW-3 Lokesh and PW-5. PW-5 invited the accused to his house and he was allowed to stay in the house overnight. Taking advantage of the fact that PW-1, CW-3 Lokesh and PW-5 went outside, accused took PW-2, minor daughter of PW-1 & CW-3, to a room and committed rape on her. After some time, PW-1 and PW-5 returned home. The door was locked from inside. They knocked at the door but the accused did not open. At that time PW-2 victim girl, her brother and accused were inside. The door was broken open. Son of PW-1 was found sleeping in the hall, and the accused & PW-2 in the room. Accused was on underwear and PW-2 was naked and her thighs appeared red. It is the further case of prosecution that PW-2 victim informed PW-1 that she was unable to pa
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies can lead to acquittal.
The prosecution failed to prove the accused's guilt beyond reasonable doubt, leading to the acquittal upheld by the court, highlighting the importance of consistent and corroborative evidence in sexu....
Point of Law : Trial Court had appreciated the evidence in proper perspective and also assigned justifiable and sound reasons in rendering the acquittal judgment. There is no perversity, absurdity o....
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
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.
The prosecution must prove the charges beyond reasonable doubt, and appellate courts should be cautious in interfering with acquittals unless based on a perverse appreciation of the evidence.
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