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M. NAGAPRASANNA
Krishnappa, S/O Late Hanumantharayappa – Appellant
Versus
State Of Karnataka By Kodigenahalli Police Station – Respondent
ORDER :
M.Nagaprasanna, J.
The petitioner/accused is before this Court calling in question proceedings in Special Case No.28 of 2024 pending before the Additional District and Sessions Judge, FTSC-1, Tumakuru, arising out of Crime No.154 of 2023 registered for offences punishable under Sections 376(l) of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘the Act’ for short).
2. Heard Sri H.E. Purushothama, learned counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for respondent No.1.
3. Facts, in brief, germane are as follows:
The 2nd respondent is the complainant, mother of the victim child. It is the allegation of the complainant that on 10.12.2023 while she was doing her household work at 3.15 p.m., her daughter was playing alone in front of the house. After about 30 minutes, she noticed that her daughter was missing as she was not found in the same place playing. She goes in search of her daughter and notices that her daughter was coming out of the house of the petitioner holding her shirt and pant in her hand. When she enquired with her daughter, she was informed that the petitioner on the pret
The court affirmed that the testimony of disabled victims is valid and must be given due weight, and that delays in filing complaints do not automatically invalidate serious allegations.
The victim's credible testimony can sustain a conviction in sexual assault cases even without corroborative medical evidence, acknowledging the victim's disability and the nature of consent.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The conviction for aggravated sexual assault was upheld based on corroborative witness testimony and prosecution evidence, despite minor discrepancies and delay in complaint lodging deemed immaterial....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
A witness with intellectual challenges can testify if able to comprehensively understand and respond to questions; conviction for rape upheld based on sufficient evidence.
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