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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
M.G.UMA
Anand S/o Somanna Tatandi – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. trial court conviction based on testimonies. (Para 3) |
| 2. prosecution presented a series of witnesses. (Para 4 , 5 , 6) |
| 3. medical evidence contradicted prosecution allegations. (Para 7 , 8 , 9) |
| 4. appeal success hinges on lack of corroborative evidence. (Para 10 , 11 , 12) |
| 5. modification of charges based on credible evidence assessment. (Para 13 , 14) |
JUDGMENT :
1. The appellant being the accused in Special Case (POCSO) No.30/2021, on the file of Additional District and Sessions Judge and FTSC-I (POCSO), Kalaburagi (for short ‘Trial Court’), is impugning the judgment of conviction dated 23.03.2023 and order of sentence dated 28.03.2023, convicting him for the offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’) and under Section 366A of the Indian Penal Code, 1860 (for short ‘ IPC ’) and sentencing him:
(ii) To undergo rigorous imprisonment for a period of five years and to pay fine of Rs.5,000/- for the offence punishable under Section 366A of IPC with default sentences. The Trial Court has awarded Rs.7,00,000/- as compensation to the victim girl – PW.1.
3. On registration of the FIR, on the basis of the f
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.
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.
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....
Conviction under the POCSO Act necessitates proof of the victim's minority; failure to establish this must lead to acquittal.
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.
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 court affirmed that testimony from a child witness can be admissible and sufficient for conviction if the child understands the questions asked, and there is corroboration from other credible wit....
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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