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RAJENDRA BADAMIKAR
State of Karnataka through Jewargi Police – Appellant
Versus
Siddaram S/o Hanmanth Jeer – Respondent
JUDGMENT
This appeal is preferred by the State challenging the judgment of acquittal passed by the II Additional Sessions Judge, Kalaburagi in Special Case (POCSO) No.14/2015 dated 21.11.2017.
2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.
3. The accused have been prosecuted for the offences punishable under Sections 354A and 509 read with Section 34 of Indian Penal Code (for short, ‘the IPC’) and Sections 8, 10, 12 and 18 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’).
4. The case of the prosecution is that the complainant P.W.1/victim has lodged a complaint at Ex.P.1 claiming that she is aged about 14 years and resides in Biral(B) village and studying in 8th standard in the Government High School in the village. It is also alleged that P.W.2 is of her locality and she is also pursuing her studies in 8th standard in the same school. According to the allegations of the prosecution, since last 3-4 months, the accused used to tease them while going to the school and other places. On 26.01.2015 in the afternoon, when P.W.1 along with P.W.2 and her brother’s wife
Acquittal appeal – When two views are possible, view favourable to accused shall prevail.
Point of Law : Section 3 of the Indian Evidence Act, 1872 deals with proof.
An accused's acquittal in a criminal trial must be upheld if the evidence presented is untrustworthy or if two plausible views on the evidence exist, favoring the accused.
The prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the case.
The prosecution must establish the victim's age as a child under the POCSO Act to invoke statutory presumptions, and the appellate court respects the presumption of innocence in acquittal cases.
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