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2025 Supreme(Online)(Kar) 39942

THE HIGH COURT OF KARNATAKA
MR. G BASAVARAJA, J
SRI VENKATESH @ VENKI S/O NAGARAJU – Appellant
Versus
STATE OF KARNATAKA BY CHANNAMANAKERE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. BHAIRAV G V.
For the Respondents:SRI. B. LAKSHMAN, HCGP FOR R1, SRI. TEJAS N., ADVOCATE FOR R2

Table of Content
1. appeal initiation and basic facts (Para 1 , 2)
2. trial procedures and evidence presentation (Para 3 , 4 , 5 , 6)
3. defense arguments related to trial fairness (Para 8 , 9)
4. principles of fair trial from supreme court rulings (Para 12 , 13)
5. final order remanding case for cross-examination (Para 19)

ORAL JUDGMENT

Crl.A No.1400/2024:

In this appeal, the appellant is challenging the judgment of conviction and order on sentence dated 08.12.2023 passed by the Addl. City Civil and Sessions Judge-FTSC-III, Bengaluru in Spl.C.C. No.1779/2021.

2. The brief facts leading to this appeal are that, the Inspector of Police, Channammanakere Achukattu submitted charge sheet against accused for the offence punishable under Sections 363 , 366, 376 and 506 IPC and Sections 4 , 5(l) and 6 of POCSO ACT . It is alleged by the prosecution that CW2-victim girl aged about 16 years being the daughter of CW1 and CW3 was residing along with her parents at Door No. 85, 1st floor, near Ayyappaswamy Temple, Banashankari III Stage, and pursuing her studies. The accused came in contact with this victim girl, while she was going to college and he started inducing her that he is in love with her a

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