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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. UMA
Irfan, S/o Abdul Latheef – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
M.G. UMA, J.
The accused in Special Case No.117/2014 on the file of the learned Additional District and Sessions Judge, FTSC-1 (POCSO) D.K., Mangaluru, is impugning the Judgment of conviction and order of sentence dated 29.11.2021 convicting him for the offence punishable under Sections 366A, 342 and 506 of IPC and Section 4 of POCSO Act read with Section 376 of IPC and sentencing to undergo (i) rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- for the offence punishable under Section 366A of IPC, (ii) rigorous imprisonment for a period of five months and to pay fine of Rs.1,000/- for the offence punishable under Section 342 of IPC, (iii) rigorous imprisonment for a period of one year and to pay fine of Rs.2,000/- for the offence punishable under Section 506 of IPC, (iv) rigorous imprisonment for a period of seven years and also pay fine amount of Rs.10,000/- for the offence punishable under Section 4 of POCSO Act read with Section 376 of IPC with default sentences.
2. Brief facts of the case as made out by the prosecution is that, the victim -PW5 was a minor aged about 17 years. The accused kidnapped her with an intention to commit sexual assa
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 conviction under aggravated sexual assault was set aside due to insufficient medical evidence; however, the appellant was convicted for lesser charges based on the established assault.
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.
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....
The requirement for substantial evidence in sexual assault cases is underscored, with considerations for appropriate sentencing guidelines reflecting the nature of the offense.
Penetrative sexual assault – Corroboration of medical evidence is necessary in cases where prosecution evidence is shaky.
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 prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the case.
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