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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
J.M. Khazi, J
Ansari, S/O. Khasim Jingru – Appellant
Versus
State Of Karnataka By Police Inspector, Kumta Police Station – Respondent
| Table of Content |
|---|
| 1. conduct of the accused during the incident. (Para 3 , 4 , 13) |
| 2. prosecution evidence and trial court proceedings. (Para 5 , 10 , 18) |
| 3. accused lured a minor and committed sexual assault, leading to conviction. (Para 6 , 15) |
| 4. arguments presented by both parties. (Para 11 , 12) |
| 5. arguments against conviction based on evidence and delay in complaint. (Para 20) |
| 6. assessment of evidence supports conviction. (Para 21 , 22) |
| 7. conclusion and final order of conviction. (Para 23 , 24) |
JUDGMENT :
J.M.KHAZI, J.
Through this appeal, filed under Section 374 (2) of the Code of Criminal Procedure , the accused has challenged his conviction and sentence for the offence punishable under Sections 377 IPC and Sections 4 and 6 of POCSO Act.
2. For the sake of convenience, parties are referred to by their ranks before the trial Court.
3. Based on the complaint filed by the maternal uncle of the victim boy, the concerned police registered case in Cr.No.56/2022 and after detailed investigation filed charge sheet for the offences punishable and Section 377 IPC and Section 4 of the POCSO Act. It is alleged that on 15.03.2022 at 2.00 p.m, while the victim boy aged about six years was playing
The court confirmed the conviction under IPC and POCSO Act, emphasizing that the prosecution proved the charges beyond reasonable doubt through credible testimony and medical evidence.
The judgment reinforces the stringent application of the POCSO Act in cases of sexual offences against minors, emphasizing the importance of medical evidence and the credibility of child witnesses in....
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
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