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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V Srishananda
Raju @ Rajkumar, S/O Basavaraj @ Basayya Guttedar – Appellant
Versus
State Through, Gogi Police Station – Respondent
JUDGMENT :
V Srishananda, J.
Heard Sri Basavaling Nasi, learned counsel for the appellant and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the respondent/State.
2. Appellant is the accused, who suffered an order of conviction in Special Case No.40/2018 and sentenced as under:
“The accused is sentenced to undergo R.I. for three and half years and to pay fine of Rs.5,000/- in-default S.I. for three months of the offence punishable under Section 366 of INDIAN PENAL CODE .
Further, accused is sentenced to undergo R.I. for six months of the offence punishable under Section 506 of INDIAN PENAL CODE .
All the sentences and in default sentences shall run concurrently.
The accused is entitled for the benefit provided under Section 428 of Cr.P.C.
Interim order made in-respect of M.O.1 motor cycle bearing No.KA-33-U-8161 i.e., (Bajaj Pulsar 220 SF registration chassis No.ND2A13EY6GCH55256 and engine No.DKYCGH72405) is made absolute after appeal period is over.
Supply free copy of the Judgment to the accused forthwith.”
3. Facts in brief which are utmost necessary for disposal of the present appeal are as under:
3.1. A complaint came to be lodged with Gogi Police Station
The conviction for abduction and intimidation was upheld despite the victim's lack of support for the prosecution, with the court emphasizing the need for corroborative evidence in sexual offence cas....
Consent of a minor is legally invalid in sexual assault cases; sufficient evidence supported conviction for kidnapping despite the absence of legal consent.
The conviction for rape was upheld based on consistent victim testimony, while the conviction for kidnapping was set aside due to insufficient evidence of intent.
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....
A minor cannot consent to sexual acts, and the court confirmed that the accused could not be convicted without substantive evidence against each individual, resulting in varied sentences for two accu....
Penetrative sexual assault – Corroboration of medical evidence is necessary in cases where prosecution evidence is shaky.
The court upheld the conviction of the appellants for serious offences based on credible witness testimonies while recognizing insufficient evidence for conviction under Section 354D.
The Court clarified the distinction between kidnapping and abduction, emphasizing the necessity of proving intent and compulsion in the offense.
Consent of minors is not legally relevant; the offence of rape established through credible victim testimony and corroborative evidence.
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