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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH, VENKATESH NAIK T
State Of Karnataka, By Halasoor Police Station, Represented By State Public Prosecutor – Appellant
Versus
Jaheer Vasan, S/O Samuel – Respondent
| Table of Content |
|---|
| 1. details of the prosecution's case. (Para 2) |
| 2. analysis of the victim's consent and circumstances. (Para 3 , 4 , 9 , 10) |
| 3. dismissing the appeal and concluding order. (Para 5 , 11) |
| 4. arguments presented by the parties. (Para 6 , 7 , 8) |
JUDGMENT :
H.P. SANDESH, J.
This matter is listed for admission. Heard Smt. Rashmi Jadhav, the learned Additional SPP appearing for the appellant/State, Sri R. Suresh Babu, the learned counsel for respondent Nos.1 and 2 and Sri Javeed S, Amicus Curiae for respondent No.3.
2. The factual matrix of the case of the prosecution against the accused persons is that accused No.1 had kidnapped the minor victim girl on 26.04.2017 at about 2:00 p.m. from Nayandahalli Metro Station and committed rape on her in his house and subsequently, committed penetrative sexual assault and hence, invoked the offences punishable under Section 376 of IPC and Section 3 read with Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short). The charges levelled against accused No.2, who is the mother of accused No.1, is that she being the mother of accused No.1, has abetted her son i.e., accused No.1 to commit rape on the victim and
The Court upheld acquittal based on the victim's voluntary participation in a relationship with the accused, highlighting that mere age does not negate the importance of consent in the absence of coe....
The court affirmed that acquittal was proper, emphasizing the need for corroborative evidence in sexual assault cases and the prosecution’s failure to prove kidnapping or consent under the specified ....
The prosecution must prove the victim's age and presence of sexual assault beyond reasonable doubt; lack of corroborative evidence can lead to acquittal.
The Court ruled that evidence of school records is primary for establishing age in sexual offense cases, and a minor's consent is irrelevant. Conviction under Section 366A was modified to Section 363....
The prosecution failed to prove the accusations of kidnapping and sexual offences beyond reasonable doubt, leading to the upholding of the trial court's acquittal.
The age of the victim is crucial in sexual offense cases; if the victim is a minor, consent is legally irrelevant. Conviction under POCSO Act and IPC was affirmed based on credible witness testimonie....
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
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