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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M G UMA, J
Jagadish Kumar @ Jagadish, S/O Late Ravi – Appellant
Versus
State, Represented By J.P. Nagar Police Station – Respondent
| Table of Content |
|---|
| 1. overview of case and charges (Para 1 , 2 , 3) |
| 2. consideration of appeal grounds (Para 4 , 5) |
| 3. allegations of kidnapping and assault (Para 6 , 11) |
| 4. the court assessed the evidence and determined the culpability of each accused. (Para 7 , 8 , 9 , 10) |
| 5. sentencing provisions under pocso and ipc (Para 12 , 13 , 14) |
| 6. reflections on defendant ages and consent (Para 15 , 16) |
| 7. final judgment and sentencing conclusions (Para 17) |
| 8. final order of the court (Para 18) |
JUDGMENT :
M G Uma, J.
The appellant in Crl.A.No.761/2020 being accused No.1 and the appellant in Crl.A.No.1990/2019 being accused No.2 in S.C.No.1252/2013, on the file of the learned LXX Additional City Civil & Sessions Judge & Special Judge, Bengaluru City (CCH- 71), are impugning the judgment of conviction dated 19.11.2019 and order of sentence dated 22.11.2019, convicting them for the offence punishable under sections 363, 366, 506 r/w 34 of IPC and sentencing them to undergo rigorous imprisonment for seven years with fine of Rs.3,000/- each, for the offence punishable under Section 366 read with Section 34 of IPC; to undergo rigorous imprisonment for three years with fine of Rs.2,000/- each, for the offen
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....
Victim's statements recorded under Section 164 of Cr.P.C. can corroborate evidence against the accused even if later recanted, leading to conviction for kidnapping and sexual assault under IPC and PO....
The legal age of consent is 18 years; any sexual intercourse with minors is statutory rape regardless of purported consent.
Penetrative sexual assault – Corroboration of medical evidence is necessary in cases where prosecution evidence is shaky.
Many factors which may not be relevant to determine guilt, must be seen with a human approach, at stage of sentencing. While imposing sentence, all relevant factors are to be considered, keeping in m....
The court established that lack of medical evidence to support allegations necessitated a reduction in charge, affirming the conviction under lesser offences linked to child protection.
The court held that mutual engagement between minors in sexual acts without coercion might not constitute a criminal offence, emphasizing the necessity for counseling rather than conviction.
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....
Conviction under Sections 366 and 447 upheld; conviction under Section 366A set aside due to lack of evidence supporting essential elements.
Conviction under the POCSO Act necessitates proof of the victim's minority; failure to establish this must lead to acquittal.
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