Back
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
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 376 and 506 of IPC , Section 4 of POCSO Act and Sections 3(1)(w), 3(2)(v-a) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (PoA) Act,').
4. It is alleged by the prosecution that, about three months prior to the date of filing complaint, the victim had been to Aafiya Palace in Channagiri town to chop vegetables in a marriage function. After completing her work, when she wanted to return home, the accused told her to stay back in the choultry, as she had to come again next day in the early hours. At that time, he committed forcible sexual intercourse on the victim against h
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 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....
The central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
