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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
| Table of Content |
|---|
| 1. overview of the case background and context. (Para 1 , 2 , 3 , 4 , 7) |
| 2. arguments presented by the defense against the prosecution's evidence. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. court's analysis and examination of evidence. (Para 24 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 4. final judgment and conviction of the appellant. (Para 54 , 55) |
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 t
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.
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