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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
R. NATARAJ,
Praveen S/o Laxman Shelavadi – Appellant
Versus
State of Karnatak – Respondent
| Table of Content |
|---|
| 1. prosecution's case and evidence regarding the incident. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's review of evidence and delay in complaint. (Para 9 , 12 , 13) |
| 3. defense arguments regarding victim's age and relationship. (Para 10 , 11) |
| 4. failure to conclusively establish victim's age. (Para 14 , 15) |
| 5. conclusion and order of acquittal. (Para 16) |
JUDGMENT :
R. NATARAJ, J.
1. The accused in Spl.S.C.No.39/2015 on the file of the II Additional District and Sessions Judge and Special Judge, Dharwad (hereinafter referred to as the ‘trial Court’ for short) has filed this appeal challenging his conviction for the offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Act’ for short).
2. The case of the prosecution was that PW.1 informed the respondent in writing on 08.04.2015 that on 06.03.2015, at about 08:30 a.m. when the victim was on her way to attend nature call, the accused held her and tried to drag her. It is alleged that the residents of the village extricated the victim from the clutches of the accused. He therefore requested the respondent to initiate suitable action against th
The prosecution failed to establish the victim's age under POCSO Act, rendering the conviction invalid due to insufficient evidence and procedural errors.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
It is well settled that ossification test or other medical test though is a guiding factor for determining age but it is not conclusive or incontrovertible and leaves a margin of error of two years o....
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
Rape of minor girl - Conviction set aside - Subsequent refusal to marry cannot be come within the purview of cheating.
Prosecution can establish the age of the victim through reliable oral testimonies, such as those from the victim and her mother, even if specific documentary evidence under the PoCSO Act is absent.
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
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