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SHIVASHANKAR AMARANNAVAR
Ismail – Appellant
Versus
State of Karnataka by SHO Punjalkatte Police Station Represented by State Public Prosecutor – Respondent
JUDGMENT
This appeal is filed by appellant/sole accused praying to set aside the judgment of conviction and order of sentence dated 28.07.2022 passed in Spl.Case No.125/2019 by the Additional District and Sessions Judge, FTSC-II, Dakshina Kannada, Mangalore.
2. The appellant/accused has been convicted for offence punishable under Section 6 of the Protection of Child from Sexual Offences Act, 2012 (for short hereinafter referred to as ‘POCSO Act’) and Section 506 of Indian Penal Code (for short hereinafter referred to as `IPC’) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.20,000/- for offence punishable under Section 6 of the POCSO Act and sentenced to undergo simple imprisonment for a period of six months for offence punishable under Section 506 of IPC.
3. The factual matrix of the prosecution case is as under:
The appellant/accused is father of the PW-1/victim girl and they were residing together in residential house.
On 08.02.2019 in between 11.30 p.m. to 12 ‘o’ clock in the midnight, the victim girl sleeping in the separate room at that time accused has gone to the said room and closed room and had forcible penetrative sexual int
(1) In order to attract offence under POCSO Act prosecution has to establish that victim girl is a child as defined under Section 2(1)(d) of POCSO Act.(2) It is highly unsafe to convict a person only....
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.
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....
The court established that in cases involving minors, consent is irrelevant to sexual offences, with the victim's age determined primarily through school records, highlighting strict legal protection....
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 central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
Prosecution failed to sufficiently prove the victim's age or the alleged offences, resulting in the acquittal of the accused due to insufficient evidence.
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