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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SREENIVAS HARISH KUMAR, K.S. HEMALEKHA
Suja Jones Mazurier, W/o. Pascal Mazurier – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. overview of case and initial allegations. (Para 1 , 2 , 3 , 4) |
| 2. evaluation of witness credibility and evidence. (Para 5 , 12 , 14) |
| 3. arguments from the appellant regarding trial court findings. (Para 6 , 7) |
| 4. defense arguments on prosecution evidence reliability. (Para 8 , 13 , 18 , 19) |
| 5. court's analysis of evidence and reasoning for acquittal. (Para 9 , 10 , 16 , 20) |
| 6. result of judgment based on reasonable doubt and evidence. (Para 15 , 21) |
| 7. judicial precedents emphasize the scrutiny required for victim testimony. (Para 17) |
JUDGMENT :
K.S. HEMALEKHA, J.
Assailing the judgment of acquittal dated 19.04.2017 in Spl.C.C. No.178/2013 on the file of L Addl. City Civil and Sessions Judge, Bangalore (hereinafter referred to as ‘trial court’ for short), the first informant is before this Court in this Criminal Appeal.
2. The case was registered against the accused for the offences punishable under Sections 376(2)(f) and 377 of IPC.
3. PW.4-the first informant, lodged report under Ex.P.4 stating that the accused had committed sexual assault on their minor child in the month of April, 2010; and again in the last week of May, 2012 and on 13th June, 2012 at which time the chi
The prosecution must prove charges beyond reasonable doubt, and any reasonable doubt favors the accused, as established in this case due to significant inconsistencies and lack of supportive evidence....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The credibility of minor victims in sexual assault cases does not solely rely on medical evidence; their coherent testimony can suffice for conviction, supported by corroborative witness accounts.
In sexual offenses against minors, the sole testimony of the victim is sufficient for conviction if deemed credible, even in the absence of corroborative evidence.
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
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