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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.UMA
Subhan @ Shuban Choudary @ Soudhagar, S/o. Razak Sab @ Abdul Razak Choudary @ Soudhagar – Appellant
Versus
The State, Through Yadrami Police Station, Now Represented By Addl. SPP, High Court Of Karnataka, Kalaburagi Bench – Respondent
JUDGMENT :
M. G. UMA, J.
The appellant being accused in Special Case (POCSO) No.31/2020, on the file of the learned Additional District and Sessions Judge & FTC-I (POCSO), Kalaburagi, (hereinafter referred to as ‘Trial Court’) is impugning the judgment of conviction dated 18.01.2023 and order of sentence dated 23.01.2023, convicting him for the offence punishable under Sections 376(2)(i)(n), 450 of IPC and Section 6 of the Protection of Children from Sexual Offences act, 2012 (for short ‘POCSO’) and sentencing to undergo rigorous imprisonment for the period of 20 years and to pay fine of Rs.20,000/- for the offence punishable under Section 6 of POCSO Act; sentencing to undergo imprisonment for 3 (three) years and to pay a fine of Rs.5,000/- for the offence punishable under Section 450 of IPC with default sentence.
2. Facts of the case in brief are that, PW.1-the victim girl lodged the first information as per Ex.P1 against the accused alleging commission of the offence punishable under Sections 376(2)(i)(n), 448 of IPC and Sections 4 , 6 and 12 of the POCSO Act. On the basis of the same, the FIR came to be registered, investigation was undertaken. After completion of the investigation
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.
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.
The requirement for substantial evidence in sexual assault cases is underscored, with considerations for appropriate sentencing guidelines reflecting the nature of the offense.
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 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.
Conviction under the POCSO Act necessitates proof of the victim's minority; failure to establish this must lead to acquittal.
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....
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