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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 :
2. For the sake of convenience, the parties herein are referred to as per the status before the trial Court.
4. Thus, the accused has committed the offence punishable under Sections 376 of Indian Penal Code and Sections 4 and 6 of POCSO Act.
6. The trial Court has framed charges against the accused for alleged commission of offence under Section 376 (2)(i)(n) of Indian Penal Code and under Sections 4 and 6 of POCSO Act. The same was read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried. To prove the guilt of the accused nine witnesses were examined as PW1 to PW9 and ten documents were marked as Exhibits P1 to P10. On closure of prosecution side evidence, statement of the accused under Section 313 of Code of Criminal Procedure was r
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.
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.
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
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