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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V. SRISHANANDA
Devindrappa S/o Paramanna – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of the case and defendants. (Para 2 , 3 , 4) |
| 2. arguments presented by the appellant. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. evaluating witness testimonies and evidence. (Para 13 , 14 , 15) |
| 4. analysis of the victim's testimony and medical reports. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. court's conclusions on evidence and defendant's conduct. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 6. final order and considerations for sentencing. (Para 34 , 35) |
JUDGMENT :
V. SRISHANANDA, J.
1. Heard learned counsel Sri Shivakumar Malipatil for the appellant-accused and learned High Court Government Pleader Smt. Arati Patil for the respondent-State.
2. The appellant/accused who suffered an order of conviction in S.C. No.75/2014 on 29.07.2019 by the District and Sessions Judge, Yadgir, (for short ‘Trial Court’), for the offences punishable under Section 511 read with Section 376 and Sections 342 and 447 of IPC, is before this Court praying to set aside the same.
3. By the impugned judgment and order, the appellant is sentenced as under:
“The accused is sentenced to rigorous imprisonment for three and half years and Rs.3,000/- fine in default of payment of fine he
Court upheld conviction for attempted sexual assault based on corroborative testimony despite victim's disabilities, emphasizing reliability of witness accounts.
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 main legal point established is the reliance on the victim's testimony, medical evidence, and corroborating witness testimonies in cases of rape, and the emphasis on deterrence in sentencing for ....
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.
The acquittal of the accused was justified due to insufficient evidence of lack of consent, establishing that the presumption of absence of consent under Section 114A requires a robust foundation.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
In rape cases, victim's testimony must be credible and reliable; inconsistencies can undermine a conviction.
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
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