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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Umesh S., S/o. Shivanna – Appellant
Versus
State Of Karnataka, Women Police Station, Tumkuru (by Ld. High Govt. Pleader) – Respondent
JUDGMENT :
G.BASAVARAJA, J.
The appellant/accused No.1 has preferred this appeal against the judgment of conviction and order on Sentence dated 28th January, 2022 passed in SC No.54 of 2017 by the II Additional District and Sessions Judge, Tumkur.
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 Inspector of Police, Women Police Station, Tumkur submitted charge-sheet against the accused for the offence punishable under Section 376 (2)(a)(iii) and Section 202 read with Section 36 of Indian Penal Code. Accused No.1 is charge-sheeted for the offence punishable under Sections 376 (2)(a)(iii) and of Indian Penal Code, and accused No.2 is charge-sheeted for the offence punishable under read with Section 37 of Indian Penal Code.
4. It is alleged by the prosecution that on the intervening night of 14th and 15th January, 2017 at 02.15 am, Umesh-Assistant Sub-Inspector of Police working in Tumakuru Rural Police Station and Mallesh-CW3 Homeguard, found CW2-Prosecutrix in front of Sangeetha Bar near Antharasanahalli bye-pass bridge, when accused No.1 Assistant Sub-Inspector of Po
The court confirmed the conviction for rape but modified the sentence to 7 and 10 years based on the appellant's circumstances and procedural considerations, ensuring compliance with legal standards.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
Retrospective application of amended laws increasing penalties violates constitutional protections; original sentence modified to align with laws in effect at the time of the offence.
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
The court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
An act, which is legal at the time of commission cannot be made illegal by way of introduction of new enactment.
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