Case Note & Summary
The appellant, Haji Kareem, was convicted by the II Additional Sessions Judge at Kalaburagi in Special Case (POCSO) No.5/2014 for offences under Sections 366, 372(2)(n) of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from an incident on 10.11.2013 when the victim, a 17-year-old girl, went out of her house to clean a plate and did not return. Her father, Narasappa (PW-1), filed a complaint. The victim was later recovered and alleged that the appellant kidnapped and sexually assaulted her. The trial court convicted the appellant based on the victim's testimony. On appeal, the High Court of Karnataka at Kalaburagi examined the evidence. The court found that the victim's testimony was inconsistent with the medical evidence and the statements of other prosecution witnesses. The medical evidence did not support the allegation of sexual assault. The court also noted that the victim's age was not conclusively proved to be below 18 years. The High Court held that the prosecution failed to prove its case beyond reasonable doubt. The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Benefit of Doubt - Inconsistent Testimony - Conviction under Sections 366, 372(2)(n) IPC and Section 6 of POCSO Act - Appeal against conviction - Victim's testimony inconsistent with medical evidence and other prosecution witnesses - Court held that prosecution failed to prove guilt beyond reasonable doubt - Benefit of doubt given to appellant - Acquittal ordered (Paras 1-10).
Issue of Consideration
Whether the conviction under Sections 366, 372(2)(n) IPC and Section 6 of POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of corroboration
- Age determination
- POCSO Act
- Section 6
- Section 366 IPC
- Section 372(2)(n) IPC
