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THE HIGH COURT OF KARNATAKA
H.P. SANDESH, VENKATESH NAIK, JJ
THE STATE OF KARNATAKA, BY BAGALAGUNTE POLICE STATION, BENGALURU – Appellant
Versus
SMT. VARALAKSHMI, W/O MANJUNATH – Respondent
| Table of Content |
|---|
| 1. overview of the appeals challenging acquittal. (Para 1 , 2) |
| 2. discussion on evidence, victim's statements, and trial court findings. (Para 3 , 10 , 11 , 12 , 13 , 14) |
| 3. arguments from the prosecution regarding evidence and trial court's error. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's reasoning on the lack of corroborative evidence. (Para 23 , 24 , 26) |
| 5. conclusion of the cases and dismissal of appeals. (Para 27) |
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
These two appeals are filed by the State and P.W.2, mother of the victim girl, respectively, challenging the judgment of acquittal dated 31.08.2024 passed in Spl.C.C.No.2945/2023, on the file of the Additional City Civil and Sessions Judge, FTSC-II, Bengaluru and praying this Court to set aside the acquittal order passed for the offences punishable under Sections 363 , 366 and 376 of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) and to convict the accused for the above offences.
2. The factual matrix of the case of the prosecution is that the victim girl is the daughter of P.W.2 and the victim girl was a resident of Ralahalli Village, Madakasira Taluk, Ananthapu
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