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ASHOK S. KINAGI, RAJESH RAI K.
Mallappa @ Malleshappa S/o. Siddappa Shirasangi – Appellant
Versus
State of Karnataka, by State Public Prosecutor – Respondent
Judgment
Rajesh Rai K., J.—This appeal filed by the convicted accused directed against the Judgment and order of sentence passed in Spl. S.C. Case No.182/2017 dated 07.05.2020 passed by the I Additional District and Sessions Judge and Special Judge, Haveri, wherein, the learned Sessions Judge has convicted the accused No.1/appellant for the offences punishable under Sections 448, 450, 376 (2) (i) & (n) of IPC and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and sentenced him to undergo imprisonment for 10 years and to pay a fine of Rs.5,000/- and in default of payment of fine he shall undergo simple imprisonment for 01 month for the offence punishable under Section 450 of IPC, sentenced to imprisonment for life and to pay fine of Rs.10,000/- and in default of payment of fine he shall undergo simple imprisonment for a period of 06 months for the offences punishable under Section 6 of POCSO Act and also under Section 376 (2)(i) and 2(n) of IPC and Section 4 of POCSO Act together with Section 6 of POCSO Act. The appellant is also sentenced to undergo imprisonment for a period of 05 years and to pay fine of Rs.2,000/- and in d
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.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
In cases of sexual offences, the prosecution must establish the age of the victim convincingly, as ambiguous evidence cannot sustain a conviction.
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 ....
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
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 ....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
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.
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