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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Isak K.A. @ Inchu, S/o. AbubaKar – Appellant
Versus
State Of Karnataka, By The Circle Inspector Of Police, Napoklu Police Station, Now Represented By The State P.P. – Respondent
| Table of Content |
|---|
| 1. conviction challenged on grounds of evidence and delays. (Para 1 , 2) |
| 2. allegations of repeated sexual intercourse against minor. (Para 3 , 4 , 5 , 20) |
| 3. arguments regarding evidence presentation by prosecution. (Para 7 , 8 , 9) |
| 4. importance of credible evidence to establish age. (Para 10 , 19) |
| 5. prosecution failed to prove the victim's minor status. (Para 12 , 22) |
JUDGMENT :
1. Accused/appellant has preferred this appeal against the Judgment of conviction and order on sentence dated 04th October, 2018 in Spl.Case.No.172 of 2017 passed by the Principal Sessions Judge, Kodagu Madikeri (for short “the trial Court”).
2. For the sake of convenience, the parties herein are referred to as per the status before the trial Court.
3. Brief facts leading to this appeal are that the Circle Inspector of Police, Madikeri Rural Police, has laid charge-sheet against the accused for commission of offence punishable under Sections 376 of Indian Penal Code and under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act). It is alleged by the prosecution that, victim-CW1 daughter of CW2 being a minor girl aged 16 years, is residing along with her
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.
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
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 prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
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....
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 prosecution must provide credible evidence to prove a victim's age under POCSO, as failure to establish this undermines the validity of sexual offense charges.
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 ....
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.
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