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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Azhar @ Azharuddin @ Md. Azharuddin S/o. Dadapeer – Appellant
Versus
The State By Women Police Station, Davanagere – Respondent
JUDGMENT
This appeal is by accused No.1 challenging his conviction and sentence passed by the Court of II Addl. District and Sessions Judge and Special Judge, Davanagere in SC No.103/2017, convicting and sentencing him for the offences punishable under Sections 376 , 313 and 506 of IPC and Section 6 of POCSO Act.
2. I have heard the learned counsel Sri. Vishwajith Rai for Sri. Jayaprakash K.N. for the accused- appellant and Sri. K. Nageshwarappa, learned HCGP for the respondent-State.
3. The brief facts of the prosecution case are as under;
The first informant, Sri. K.Y. Raghavendra Rao is a resident of Vinoba Nagar in Davanagere. He has a daughter and a son. His daughter is a minor. When she was studying in I PUC, accused No.1 used to follow her and tease her. He used to roam in front of her house. She had informed the matter to her parents. In spite of advising the accused, he did not stop following her. The matter was brought to the notice of one Leela Kumaraswamy, working in an NGO. However, accused No.1 did not cooperate when she had called him over phone to enquire about the matter. The accused was threatening the victim girl to listen to his words or to face dire consequences.
4.
The prosecution must establish charges beyond reasonable doubt, including the minor status of the victim, which it failed to do, leading to the acquittal of the accused.
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
The court emphasized that the school certificate is the best proof of age and followed the procedure under the Juvenile Justice Act to determine the age of the victim. The court held that consent is ....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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