Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH
Mansoor @ Ismail – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4) |
| 2. defendant's arguments against conviction (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. analysis of prosecution's evidence (Para 14 , 15) |
| 4. court's detailed observation and reasoning against conviction (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. conclusion and order of acquittal (Para 30) |
JUDGMENT :
H.P. SANDESH, J.
Heard learned counsel for the appellant and learned Additional SPP for the respondent-State.
2. The factual matrix of the case of the prosecution is that the victim girl is daughter of P.Ws.2 and 3 and this appellant is known to family of the victim and residing in nearby locality. The victim was studying in 9th standard and is a minor. On 09.07.2011 at 1.30 p.m., victim returned to her house after the school and her parents and brothers were not in the house and she was alone. At about 1.45 p.m., the appellant came to her house and knocked the door and when she opened the door, accused returned the machete which he had taken from her father and came inside the house and embraced and kissed her and then he caught hold her hand and took her to bed room and gagged her mouth b
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....
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The central legal point established in the judgment is the requirement for the prosecutrix's testimony to be reliable and corroborated by medical evidence or surrounding circumstances in cases of rap....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
