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ASHOK S. KINAGI, RAJESH RAI K.
Mallappa @ Malleshappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
Rajesh Rai K., J.
1. This appeal filed by the convicted accused directed against the Judgment and order of sentence passed in Spl. S.C. Case No. 182/2017 dated 07.05.2020 passed by the I Additional District and Sessions Judge and Special Judge, Haveri, wherein, the learned Sessions Judge has convicted the accused No. 1/appellant for the offences punishable under Sections 448, 450, 376 (2) (i) & (n) of IPC and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and sentenced him to undergo imprisonment for 10 years and to pay a fine of Rs. 5,000/- and in default of payment of fine he shall undergo simple imprisonment for 01 month for the offence punishable under Section 450 of IPC, sentenced to imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine he shall undergo simple imprisonment for a period of 06 months for the offences punishable under Section 6 of POCSO Act and also under Section 376 (2)(i) and 2(n) of IPC and Section 4 of POCSO Act together with Section 6 of POCSO Act. The appellant is also sentenced to undergo imprisonment for a period of 05 years and to pay fine of Rs. 2,000/-
The prosecution failed to prove the victim's age as a minor, undermining the conviction for sexual offences under IPC and POCSO Act.
Prosecution under POCSO Act cannot be sustained where prosecution has failed to prove age of victim girl that she was minor at the time of alleged incident.
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
In cases of sexual offences, the prosecution must establish the age of the victim convincingly, as ambiguous evidence cannot sustain a conviction.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The prosecution must establish the victim's age and the accused's intent beyond reasonable doubt in cases of sexual offences, and mere allegations without corroborative evidence are insufficient for ....
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