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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH, VENKATESH NAIK T
Jagadish, S/O Veerappa – Appellant
Versus
State Of Karnataka, Women Police Station – Respondent
JUDGMENT :
H.P.SANDESH, J.
This appeal is filed against the judgment of conviction and sentence against the appellant-accused for the offences punishable under Sections 366 and 342 of the Indian Penal Code, 1860 (for short, 'IPC), under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act') and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). The maximum punishment imposed on the appellant is life imprisonment with fine of Rs.10,000/- for the offence punishable under Section 3(2)(v) of SC/ST Act.
2. The factual matrix of the case of the prosecution is that, the victim-PW1 is a minor as defined under Section 2(d) of POCSO Act and she was subjected to sexual act continuously from 13.09.2013 to 02.12.2013. It is also the case of the prosecution that the victim was subjected to sexual act on the false promise of the accused that he would marry her and as a result, she became pregnant. The specific complaint of the victim as per Ex.P1 is that the accused took her to his residence, wrongfully confined her in his house and subjected her continuously for sexual act against
The accused's conviction under the SC/ST Act was overturned due to insufficient evidence of his awareness of the victim's caste, asserting that such knowledge is essential for liability under Section....
The court held that inconsistent victim testimony and lack of corroborating evidence rendered the conviction unsustainable, emphasizing issues of consent and age in sexual exploitation cases.
The prosecution must establish that an offence under the SC/ST (POA) Act was committed specifically because the victim belongs to a Scheduled Caste, and the accused must have actual control over a ju....
The court upheld the conviction for sexual assault under the PoCSO Act and SC/ST Act, affirming that the evidence was sufficient and the delay in reporting was adequately explained.
The Court held that a consensual relationship with an adult victim does not attract sections under IPC and POCSO Act, but evidence warranted conviction under SC/ST Act.
The conviction under the SC/ST(POA) Act requires proof that the offence was motivated by the victim's caste, which was not established in this case.
For conviction under the SC/ST Act, prosecution must prove both caste identity and an intent to harm due to that identity; lack of such proof invalidates the charge.
The prosecution must establish the victim's age and the accused's intent beyond reasonable doubt in cases of sexual offences, and mere allegations without corroborative evidence are insufficient for ....
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
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