Case Note & Summary
The appellant, G S Venkatesh, was convicted by the I Additional District and Sessions Judge, Chikkaballapur, in Special S.C. No.12/2016 for offences punishable under Section 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He was sentenced to rigorous imprisonment for ten years and a fine of Rs.25,000/- for the POCSO offence. The appellant appealed against this conviction before the High Court of Karnataka. The prosecution's case was that the victim, then aged about 15 years, was raped by the appellant on two occasions, 06.12.2015 and 09.12.2015, while she was bathing in a bathroom behind a stadium under construction. The victim disclosed the incident to her mother on 11.12.2015, leading to the lodging of an FIR. The trial court convicted the appellant based on the victim's testimony and other evidence. On appeal, the High Court examined the evidence and found several inconsistencies. The victim's testimony was contradictory regarding the dates and times of the incidents, and her mother's testimony did not corroborate her version. The medical evidence did not confirm sexual assault, and the prosecution failed to prove the victim's age conclusively. The court held that the inconsistencies created reasonable doubt and that the prosecution had not proved its case beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Inconsistencies in Testimony - The victim's testimony was inconsistent regarding the date, time, and place of the incident, and there was no corroboration from independent witnesses or medical evidence - Held that such inconsistencies create reasonable doubt, entitling the accused to acquittal (Paras 5-10). B) Criminal Law - POCSO Act - Section 4 - Age of Victim - The prosecution failed to conclusively prove that the victim was below 18 years of age, as no birth certificate or reliable age determination evidence was produced - Held that the age of the victim is a crucial element under the POCSO Act, and its non-establishment weakens the prosecution case (Paras 11-12). C) Criminal Law - Evidence - Corroboration - The mother's testimony (PW.6) was contradictory and did not support the victim's version, and the medical evidence did not confirm sexual assault - Held that in the absence of corroboration, the conviction cannot be sustained (Paras 13-15).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC and Section 4 of the POCSO Act, 2012 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
- Inconsistencies in prosecution case
- Lack of corroboration
- Age determination
- Standard of proof in criminal cases
