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2025 Supreme(Online)(Kar) 14737

KARNATAKA HIGH COURT
M G UMA, J
MR. CHETHAN .D – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: M.T. Nanaiah, Prabhugoud B. Tumbigi
For the Respondents: Rashmi Jadhav

Table of Content
1. court's decision on convictions. (Para 1)
2. details of the crime and evidence presented. (Para 2 , 3 , 6)
3. arguments presented by both sides. (Para 4 , 5)
4. legal reasoning regarding the burden of proof. (Para 13 , 14)
5. final rulings and outcomes. (Para 15)

ORAL JUDGMENT

The accused in Special Case No.1364 of 2021 on the file of the learned FTSC-I, Additional City Civil and Sessions Judge, Bengaluru, is impugning the judgment of conviction and order of sentence dated 01.07.2024 convicting the accused for the offences punishable under Sections 4 , 6 and 8 of POCSO Act and sentencing to undergo imprisonment for a period of 20 years and to pay fine of Rs.50,000/- each for the offences punishable under Sections 4 and 6 of POCSO Act; to undergo imprisonment for a period of 3 years and to pay fine of Rs.10,000/- for the offence punishable under Section 8 of POCSO Act, with default sentences.

2. Brief facts of the case as made out by the prosecution is that, the accused being the neighbor of victim girl, took the victim aged 3 years to his room on 07.07.2021 at 6.00 p.m. and inserted his finger on her vagina and thereby committed aggravated penetrative sexual assault p

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