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HIGH COURT OF KARNATAKA
DR. H.B.PRABHAKARA SASTRY, MR VENKATESH NAIK, JJ
THE STATE OF KARNATAKA – Appellant
Versus
SYED ASGAR – Respondent
| Table of Content |
|---|
| 1. prosecution's case and charges outlined. (Para 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 10 , 11) |
| 3. appellate court's perspective on acquittal. (Para 12 , 13) |
| 4. analysis of witness credibility regarding minor status. (Para 14 , 15 , 16) |
| 5. conflicting evidence on victim's age and admissibility. (Para 20 , 21 , 22) |
| 6. witness statements contradict prosecution's case. (Para 32 , 33) |
| 7. doubts on prosecution's evidence quality. (Para 37 , 38) |
| 8. appeal dismissed; court upholds acquittal. (Para 39 , 40) |
J UDGMENT
2. Summary of the case of the prosecution is that the accused and the victim girl (PW2/CW2) were known to each other. At the relevant point of time, the victim girl was minor in her age and she was aged about 16 years. On the date 14-10-2014 at about 4:00 p.m., the accused in the guise of loving and marrying the victim girl, enticed her to go along with him from near her house at No.16, 11th 'A' Cross, Thimmaiah Garden, Bengaluru. He took her to Hyderabad. Knowing that she was minor in her age, the accused committed repeated aggravated penetrative sexual assault (rape upon her). In the meantime, PW1/CW1, the mother of the alleged victim girl, had lod
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