Case Note & Summary
The appellant, Irappa S/o Basappa Khajagar, was convicted by the III Addl. District and Sessions Judge, Belagavi, in S.C. No. 312/2014 for offences under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to imprisonment. The case arose from a complaint filed by Smt. Gangamma Mallikarjun Lakkundi, mother of the five-year-old victim, alleging that on 07.09.2014, while she and her husband were away for coolie work, the appellant lured the victim to his house and sexually assaulted her. The trial court convicted the appellant based on the testimony of the victim and other witnesses. On appeal, the High Court of Karnataka at Dharwad Bench heard the matter. The appellant's counsel argued that the victim's testimony was inconsistent and uncorroborated, and the medical evidence did not support the allegation. The State argued in support of the conviction. The court analyzed the evidence and found that the victim's statement was not reliable due to contradictions and lack of corroboration. The medical examination did not reveal any signs of sexual assault. Consequently, the court held that the prosecution failed to prove its case beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Child Sexual Abuse - Appreciation of Evidence - Protection of Children from Sexual Offences Act, 2012, Sections 4, 6 - The court examined the reliability of the child victim's testimony and found it inconsistent and lacking corroboration. The medical evidence did not support the allegation of sexual assault. Held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was set aside (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment of conviction and order of sentence passed by the III Addl. Dist. & Sessions Judge, Belagavi, in S.C. No. 312/2014 dated 17.06.2016 is set aside. The appellant is acquitted of the offences under Sections 4 and 6 of POCSO Act.
Law Points
- Appreciation of evidence in child sexual abuse cases
- Corroboration of victim testimony
- Reliability of child witness
- Medical evidence in sexual assault cases
- Standard of proof in criminal appeals
