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RAJENDRA BADAMIKAR
Firoz Hatiwale – Appellant
Versus
State – Respondent
JUDGMENT :
Mr. Rajendra Badamikar, J. - The appellant/accused has filed this appeal under Section 374(2) of Cr.P.C. challenging the judgment of conviction and order of sentence passed by the learned II Additional Sessions Judge, Kalaburagi in Special Case (POCSO) No. 18/2015 dated 22.09.2018.
2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.
3. Brief factual matrix leading to the case are as under:
That on 04.04.2015 around 9.30 a.m. the victim aged about 10 to 11 years was proceeding to get a coconut. It is alleged that the accused enticed the victim under the guise of giving chocolates and later on took her on his shoulder to a deserted and dilapidated teachers' quarters, put her on the ground, abused her in vulgar language as "VERNACULAR MATTER", threatened her, held her mouth, bite her chin, fell on her and tried to remove her under garments. When the child cried, the complainant i.e., the father of the victim and CW.11 who were in search of the child after hearing the cry rushed to the spot and on seeing them, the accused fled from the spot. Then the victim narrated the incident to her father and she wa
The court confirmed convictions under the POCSO Act and SC/ST (POA) Act for aggravated sexual assault on a minor, while acquitting the accused of IPC Section 504 due to insufficient evidence of provo....
The court established that evidence of aggravated sexual assault on a minor under POCSO Act justified conviction, emphasizing the presumption of guilt unless rebutted, while excluding IPC Section 504....
A minor's testimony, corroborated by witnesses, substantiates convictions for sexual assault under the POCSO Act, emphasizing the necessity for strong penalty considerations due to the victim's age.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The court established that credible witness testimony is essential in sexual assault cases, particularly involving minors, and modified the sentence based on the nature of the crime and the age of th....
The conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
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