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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Muthu, S/O Poomale – Appellant
Versus
State By Hal Police Rep. By The Govt. Pleader – Respondent
| Table of Content |
|---|
| 1. background of the appeal against conviction. (Para 1 , 3 , 4) |
| 2. arguments regarding deficiencies in prosecution evidence. (Para 5 , 6) |
| 3. court's examination of evidence and procedural lapses. (Para 7 , 8 , 10 , 11 , 12 , 13 , 21 , 22) |
| 4. modification of conviction and sentencing. (Para 23) |
| 5. final order of appeal and sentencing decision. (Para 25) |
JUDGMENT :
G BASAVARAJA, J.
Appellant is before the court in this appeal, challenging the judgment of conviction dated 30th March 2022 and order on sentence dated 31st March 2022, passed in Special CC No.546 of 2015 by the Additional City Civil and Sessions Judge-FTSC-II, Bengaluru (for short “the trial Court”).
2. For the sake of convenience, the parties herein are referred to as per their status and rank before the trial court.
3. Brief facts leading to this appeal are that Police Inspector of HAL Police Station, filed charge-sheet against the accused for the offences punishable under Sections 376 and 506 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”). It is alleged by the prosecution that CW1 is the wife of CW3 and the victim minor girl who is aged 8
The necessity of corroborative evidence in sexual assault cases is critical, and the failure to provide medical evidence raises reasonable doubt, impacting the legality of convictions.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The court held that the prosecution failed to prove its case beyond a reasonable doubt due to delays, inconsistencies, and lack of corroborative evidence.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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