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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Faruq @ Mohammed Faruq, S/o. Mohammadsab – Appellant
Versus
State Of Karnataka, Represented By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. legal framework and case overview. (Para 1 , 2) |
| 2. factual details of the case and charges. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arguments regarding victim's age and prosecution evidence. (Para 8 , 9 , 10) |
| 4. legal requirements for determining age of a minor. (Para 11 , 12) |
| 5. issues with testimony and evidence presented. (Para 13 , 14 , 15 , 16) |
| 6. acknowledgment of potential false implication. (Para 19 , 20) |
| 7. court's analysis of evidence reliability. (Para 21 , 22 , 27 , 28) |
| 8. confirmation of prosecution's failure to prove case. (Para 23 , 24 , 31) |
| 9. conclusion and outcome of the appeal. (Para 32) |
JUDGMENT :
G. BASAVARAJA, J.
1. The appellant/accused has preferred this appeal against judgment of conviction dated 13th September, 2021 and order on sentence dated 14th September, 2021 passed in SC No.75 of 2019 by the II Additional District and Sessions Judge and Special Judge, Davanagere.
2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.
3. The brief facts leading to this appeal are that the Dy.S.P., Rural Sub-Division, Davanagere, has submitted charge sheet against the accused for the offences punishable under Sections
Prosecution failed to sufficiently prove the victim's age or the alleged offences, resulting in the acquittal of the accused due to insufficient evidence.
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
Determination of age – Wherever dispute with respect to age of a person arises in context of her or him being a victim under POCSO Act, courts have to take recourse to steps indicated in Section 94 o....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
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