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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V SRISHANANDA
Hanmanth S/o Mallappa Dharmannor – Appellant
Versus
State Through, Saidapur – Respondent
| Table of Content |
|---|
| 1. conviction and sentence of accused under pocso act. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding prosecution's failure to prove the case. (Para 10 , 11 , 12 , 14) |
| 3. victim’s testimony key to establishing facts. (Para 20 , 21 , 22 , 23) |
| 4. legal interpretation of consent under pocso. (Para 39 , 41) |
| 5. final order dismissing the appeal. (Para 46) |
JUDGMENT :
V SRISHANANDA, J.
Heard Sri Mahantesh H. Desai, learned counsel for the appellant and Smt. Arati Patil, learned High Court Government Pleader for the State. The respondent No.2, though served with the notice of appeal did not appear before this Court.
2. Appellant is the accused who suffered an order of conviction for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) in Special Case (POCSO) No.18/2015 dated 7.12.2016 on the file of the District and Sessions Judge, Yadgiri, and sentenced as under:
“Accused person is sentenced to undergo S.I for 10 years and to pay a fine of Rs.20,000/- in default S.I. for one year of the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 .
The sentence and in d
The court affirmed that repeated sexual intercourse with a minor under 18 years constitutes an aggravated offense under Section 6 of the POCSO Act, irrespective of consent claims, establishing the ac....
Consent of a minor is legally invalid in sexual assault cases; sufficient evidence supported conviction for kidnapping despite the absence of legal consent.
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 sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
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