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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Narayanaswamy @ Chinnodu @ Chikku, S/o. Nanjundappa – Appellant
Versus
State Of Karnataka, Rep. By State Public Prosecutor – Respondent
JUDGMENT :
G.BASAVARAJA, J.
1. The appellant has preferred this appeal against the judgment of conviction and order on sentence dated 29.10.2021 passed by the Additional District & Sessions Judge, FTSC-I (POCSO), Kolar, in S.C.No.27/2018.
2. For the sake of convenience, the parties herein are referred as per their rank before the trial Court.
3. The brief facts leading to this appeal are that the Circle Inspector, Kolar Rural Police, Kolar, filed the charge sheet against the accused for the offences punishable under Sections 376 , 506 of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act', for short). It is the case of the prosecution that, the victim girl aged about 13 years, was studying in 8th standard in Government High School, Arabikotthanuru village. When the victim was going to School, accused used to follow her and talk with familiarly with her. CW1, CW3 and CW4 advised the accused not to follow the victim girl. Despite of it, about 7 to 8 months ago, when the victim while returning from school, alighted the bus at Chunchadenahalli gate and was walking towards home, at that time accused met her and told that h
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The court affirmed that the victim's testimony, corroborated by DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the need for sensitivity in evaluating such evidence.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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....
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 upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
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....
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