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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.UMA
Ayub Momin S/o Abusayid – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
M.G. UMA, J.
The appellant being accused in Special Case (POCSO) No.49/2021, on the file of the learned Additional Sessions Judge, Fast Track Special Court-I, Vijayapura, (hereinafter referred to as ‘Trial Court’) is impugning the judgment of conviction dated 06.10.2023 and order of sentence dated 12.10.2023, convicting him for the offence punishable under Sections 341 and 376-AB of IPC and Section 6 (1) of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and sentencing to undergo rigorous imprisonment for the period of 20 (twenty) years and to pay fine of Rs.20,000/- for the offence punishable under Section 6 (1) of POCSO Act; sentencing to undergo imprisonment for 15 (fifteen) days and to pay a fine of Rs.500/- for the offence punishable under Section 341 of IPC with default sentence.
2. Facts of the case in brief are that, PW.2-being the mother of the victim girl lodged the first information with Women Police Station, Vijayapura, alleging commission of the offences punishable under Sections 376-AB, 506 of IPC and Sections 5 (m) and 6 of the POCSO Act. On the basis of the same, the FIR came to be registered and investigation was undertaken
The conviction under aggravated sexual assault was set aside due to insufficient medical evidence; however, the appellant was convicted for lesser charges based on the established assault.
The requirement for substantial evidence in sexual assault cases is underscored, with considerations for appropriate sentencing guidelines reflecting the nature of the offense.
The court established that lack of medical evidence to support allegations necessitated a reduction in charge, affirming the conviction under lesser offences linked to child protection.
Victim's statements recorded under Section 164 of Cr.P.C. can corroborate evidence against the accused even if later recanted, leading to conviction for kidnapping and sexual assault under IPC and PO....
The court emphasized the necessity of corroborative evidence in sexual assault cases, particularly when the victim's testimony is inconsistent.
Insufficient evidence and doubts regarding consent led to the acquittal of the accused in a POCSO case, emphasizing the need for corroboration beyond the victim's statement.
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 conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
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