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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. UMA
Babu @ Chandrababu S/o. Late Sri. Doreswamy – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
M.G. UMA, J.
The appellant being the accused in Special Case No.394/2019 on the file of the learned FTSC-1 Additional City Civil and Sessions Judge, Bengaluru, is impugning the Judgment of conviction and order of Sentence dated 06.10.2023, convicting him for the offences punishable under Section 342 of the INDIAN PENAL CODE (for short 'the IPC') and Sections 8 and 9(m) of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act) and sentenced to undergo rigorous imprisonment for a period of 6 months with a fine of Rs.1,000/- for the offence punishable under Section 342 of IPC, to undergo rigorous imprisonment for a period of 3 years with a fine of Rs.25,000/- for the offence punishable under Section 8 of the POCSO Act, to undergo rigorous imprisonment for a period of 5 years with a fine of Rs.25,000/- for the offence punishable under Section 9 (m) of the POCSO Act, with default sentences.
2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.
3. Brief facts of the case are that, PW1 is the victim, aged 3 years. It is the contention of the prosecution that on 08.10.2018, the accused, who
The court affirmed that testimony from a child witness can be admissible and sufficient for conviction if the child understands the questions asked, and there is corroboration from other credible wit....
The act of touching a child's private parts through clothing does not constitute aggravated penetrative sexual assault under the POCSO Act, necessitating careful scrutiny of child witness testimony.
Assessment of the competency and reliability of a child witness is crucial in cases involving allegations of sexual abuse.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
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