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K. SOMASHEKAR, C M JOSHI
State of Karnataka – Appellant
Versus
Rangaswamy @ Manja – Respondent
JUDGMENT :
K.Somashekar, J.
This appeal is filed challenging the judgment of acquittal rendered by the Court of the Prl. District and Sessions Judge, Chamarajanagar, in S.C.No.65/2014 dated 02.06.2016 acquitting the accused for offences punishable under Sections 366A, 344, 376 of the IPC, 1980 and for offences under Section 5 (j)(ii) and 5(1) of the POCSO Act, 2012 read with Section 376 (2)(n) of the IPC. This appeal has been filed by the State seeking to set-aside the judgment of acquittal rendered by the Trial Court and to consequently to convict the accused / Respondent No.1 herein for the offences leveled against him.
2. Heard the learned HCGP Shri Abhijith K.S. for the appellant / State and the learned counsel Shri Syed Akbar Pasha for Respondent No.1 / accused. Respondent No.2 / complainant though served, remains absent and unrepresented. Perused the judgment of acquittal rendered by the Trial Court in S.C.No.65/2014 consisting the evidence of PW-1 to PW-19 and several documents which were got marked at Exhibits P1 to P26.
3. The factual matrix of the appeal is as under:
The age of the victim is crucial in sexual offense cases; if the victim is a minor, consent is legally irrelevant. Conviction under POCSO Act and IPC was affirmed based on credible witness testimonie....
The prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the case.
The court affirmed that acquittal was proper, emphasizing the need for corroborative evidence in sexual assault cases and the prosecution’s failure to prove kidnapping or consent under the specified ....
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....
An offence under Section 363 of IPC attracts punishment – “whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term whic....
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies can lead to acquittal.
The court held that convictions under sexual assault statutes require robust proof beyond reasonable doubt, emphasizing the significance of consistent witness testimony and corroborative medical evid....
The court ruled that consensual actions of a mature individual cannot constitute kidnapping under IPC, reversing the conviction due to lack of substantive evidence.
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