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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJENDRA BADAMIKAR
Ashok, S/o. Tippanna Kattimani – Appellant
Versus
State Of Karnataka, Through The Police, Ratkal Police Station, Represented By Addl. SPP, High Court Of Karnataka, Bench At Kalaburagi – Respondent
JUDGMENT :
RAJENDRA BADAMIKAR, J.
This appeal is filed by the appellant/accused under Section 374(2) of Cr.P.C. challenging the judgment of conviction and order of sentence passed by the II Additional Sessions Judge, Kalaburagi in Special Case (POCSO) No.43/2017 dated 23.06.2018.
2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.
3. The brief factual matrix leading to the case are as under:
That on 14.07.2017 at 5-00 p.m. when the victim minor girl aged below 12 years was proceeding to Revansiddeshwar hillock from Gonavi village to buy sugar, the accused who was proceeding on motorbike assuring her to drop her near the shop, took her on motorcycle towards Ratkal canal and near the land of Deshmukh near a neem tree, subjected her to sexual assault by dragging her hands, pressed lips and abused her in filthy language as well as threatened her in this regard. The victim has lodged a complaint and on the basis of this complaint, the investigating officer registered the case and issued FIR. Subsequently, he investigated the matter and submitted the charge-sheet against the accused for the offences punishable under
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 court established that evidence of aggravated sexual assault on a minor under POCSO Act justified conviction, emphasizing the presumption of guilt unless rebutted, while excluding IPC Section 504....
The court confirmed convictions under the POCSO Act and SC/ST (POA) Act for aggravated sexual assault on a minor, while acquitting the accused of IPC Section 504 due to insufficient evidence of provo....
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....
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 reliability of the victim's testimony and the medical examination played a crucial role in establishing the guilt of the accused in a case of sexual assault.
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