IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
MOHAMMAD NAWAZ, K.S.HEMALEKHA
Ganapati, S/o. Tukaram Metre – Appellant
Versus
State of Karnataka, Through Kalaburagi Grameen Police Station, Now Represented By The Additional State Public Prosecutor, High Court of Karnataka – Respondent
JUDGMENT :
(MOHAMMAD NAWAZ, J.)
Assailing the judgment and order dated 08.11.2019 passed by the Court of II Additional Sessions Judge, Kalaburagi, in Special Case (POCSO) No.60/2017, accused has preferred this appeal.
2. Vide impugned judgment, the Trial Court has convicted the accused/appellant for offences punishable under Section 376(2)(n) of IPC read with Section 4 of the POCSO Act, 2012.
3. The accused has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000/- and to further undergo simple imprisonment for a period of two years, in default of payment of the fine amount.
4. We have heard the learned counsel for the appellant, learned Additional SPP for the state and the learned Amicus Curiae for respondent No.2 – de-facto complainant.
5. Perused the evidence and materials on record.
6. Briefly stated, case of the prosecution is that, victim’s father was working in the plastic factory of one Arif Sheth situated at Kapanoor industrial area. On 24.09.2017, at about 9 A.M., he went to the factory for work. At about 2.30 P.M., victim girl, a minor aged about 16 years was sent by her mother to the factory to give lunch box to her father. At that time,
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....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
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 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....
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....
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
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