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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
R.Nataraj
Rahul Sayaji Ghatage – Appellant
Versus
State Of Karnataka, R/By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. overview of case and initial prosecution details. (Para 1 , 2 , 3) |
| 2. testimony and evidence collection from witnesses. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. trial court's finding and conviction rationale. (Para 11) |
| 4. arguments from both defense and prosecution. (Para 12 , 13 , 14) |
| 5. court's analysis and reasoning. (Para 15 , 16 , 17) |
| 6. final judgment and order of acquittal. (Para 19) |
JUDGMENT :
R.Nataraj, J.
The appellant has challenged the judgment dated 04.07.2018 passed by the VIII Additional District and Sessions Judge, Belagavi, in S.C. No.164/2016 by which he was convicted for the offences punishable under Sections 450 and 376(2)(l) of the INDIAN PENAL CODE , 1860, and sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 450 of IPC, and ten years rigorous imprisonment for the offence punishable under Section 376 (2)(l) of IPC.
2. The case of the prosecution was that P.W.1 being the father of the victim, informed the respondent on 31.12.2015 at 8.15 p.m. that, on 31.12.2015 at about 4.00 p.m., when he returned to his house, he saw the accused running out of his house and on entering the house, he found his d
The prosecution must prove rape beyond reasonable doubt with corroborative evidence; mere testimony is insufficient, especially when the victim's mental capacity is questionable.
The sole testimony of a minor victim can suffice for a conviction in rape cases if it is credible and corroborated by other evidence, despite minor discrepancies.
Credibility of victim’s testimony is crucial in sexual assault cases, yet requires corroboration; the absence of medical evidence can challenge the reliability of claims, impacting conviction outcome....
In rape cases, conviction cannot solely rely on the uncorroborated testimony of the prosecutrix, especially when significant discrepancies and absence of physical evidence exist to support the claims....
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The conviction in sexual assault cases can be based solely on the victim's reliable testimony, irrespective of physical injury evidence.
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
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