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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.RACHAIAH
Krishna S. S/o. Shrinivasarao – Appellant
Versus
State By Jagajeevan Ram Nagar Police, By State Public Prosecutor – Respondent
JUDGMENT :
S.RACHAIAH, J.
These appeals are filed by accused Nos.1 to 3 separately arising out of the same judgment and same crime numbers. Therefore, taken up together for disposal.
Factual matrix of the case:
2. The case of the prosecution is that accused Nos.1 to 3 are well-known to P.W.1 from past three years. The accused No.1 was loving her since one and half years. The accused Nos.2 and 3 are friends, they used to go together whenever the occasion arises. The accused No.1 took the victim to his house to introduce to his mother. The mother of accused No.1 informed the complainant that accused No.1 was not taking care either her or her daughter who is pregnant, such being the fact, even if she married him, there would be a problem to her. On hearing the said information the victim gradually trying to detach from the company of accused No.1. The accused No.1 being enraged by the said detachment, hatched a plan to commit rape on her. Accordingly, on 05.06.2019, he called accused Nos.2 and 3 to his house and hatched a plan. The accused No.3 called P.W.1 from his mobile and informed her that he was going to his native and he wanted to meet her. Accordingly, the victim was waiting near
In cases of sexual offences, the prosecution must establish the age of the victim convincingly, as ambiguous evidence cannot sustain a conviction.
Prosecution under POCSO Act cannot be sustained where prosecution has failed to prove age of victim girl that she was minor at the time of alleged incident.
The prosecution failed to prove the victim's age as a minor, undermining the conviction for sexual offences under IPC and POCSO Act.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
Prosecution must prove charges beyond reasonable doubt; victim's testimony must inspire confidence. Critical inconsistencies undermined the conviction for kidnapping and rape.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
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