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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.Uma
Jagadishkumar @ Blade Raja, S/O Shivaputra Harkatti – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
M G Uma, J.
The appellant being the accused in Special Case (POCSO) No.13/2020 on the file of the learned II- Additional Sessions Judge, Kalaburagi [for short, ‘the Trial Court’] is impugning the judgment of conviction and order of sentence dated 20.07.2021 convicting him for the offences punishable under Sections 376 (2) (n), 450, 354(A)(2), 354(B), 354(D), 506, 509 of the INDIAN PENAL CODE , 1860 [for short, ‘the IPC’] and Sections 6 , 8, 12 of the Protection of Children from Sexual Offences Act, 2012 [for short, ‘the POCSO Act’], and sentencing to undergo simple imprisonment for a period of 5 years and to pay fine of Rs.10,000/- for the offence punishable under Section 450 of IPC; to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.25,000/- for the offence punishable under Section 376(2)(n) of IPC; to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.25,000/- for the offence punishable under Section 354(A)(2) of IPC; to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.15,000/- for the offence punishable under Section 354(B) of IPC; to undergo simple imprisonment for a period of 2 years and to
The court held that mutual engagement between minors in sexual acts without coercion might not constitute a criminal offence, emphasizing the necessity for counseling rather than conviction.
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.
Conviction under the POCSO Act necessitates proof of the victim's minority; failure to establish this must lead to acquittal.
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 affirmed that repeated sexual intercourse with a minor under 18 years constitutes an aggravated offense under Section 6 of the POCSO Act, irrespective of consent claims, establishing the ac....
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.
A minor's testimony, corroborated by witnesses, substantiates convictions for sexual assault under the POCSO Act, emphasizing the necessity for strong penalty considerations due to the victim's age.
The prosecution failed to establish the victim's age under POCSO Act, rendering the conviction invalid due to insufficient evidence and procedural errors.
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