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2025 Supreme(Online)(Kar) 30553

KARNATAKA HIGH COURT
J.M.KHAZI, J
MOHAMMED UBEDULLA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: S.P. KANDAGAL
For the Respondents: ABHISHEK MALIPATIL

Table of Content
1. the court found strong evidence against the appellant, including dna results. (Para 2 , 6 , 8 , 34)
2. victim's testimony corroborated by family and medical accounts lead to conviction. (Para 4 , 12 , 20)
3. defence was deemed unsubstantiated due to lack of credible evidence. (Para 15 , 28)

CAV JUDGMENT

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)

This appeal filed under Section 374 (2) of the Code of Criminal Procedure (for short, ‘Cr.P.C’), is by the accused challenging his conviction and sentence for the offences punishable under Sections 376 (2)(f), 506 of IPC and Sections 6 and 8 of POCSO Act.

2. For the sake of convenience parties are referred to by their ranks before the trial Court.

3. A charge sheet came to be filed by the concerned police against the accused alleging that he is no other than the father of prosecutrix. Accused along with his wife, son and daughter (prosecutrix) was staying in a room behind the house of his in-laws near Sri Gali Masthi temple, Sirsi. On 10.06.2018, 11.00 a.m, when the prosecutrix was alone in the room and her mother had gone out to wash clothes and brother was out playing, accused committed rape on the prosecutrix who was aged 15

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