Karnataka High Court orders release of convicted accused in Child Sexual Assault case by allowing appeal for inadequate evidence

Must Read

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA)....

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Follow us

The Criminal Appeal was filed under Section 374(2) of CrPC, before high court of Karnataka by the appellant/accused challenging the legality and correctness of the judgment passed by the Court of VI Additional District and Special Judge, Mysore praying to set aside the judgment and order for Convicting the appellant/accused of the offences punishable under Section 376(2) (i) of IPC and Section 5(m) r/w 6 of POCSO Act, was allowed and judgment was set aside.

Brief facts of the case

Accused Thimmaiah aged about 24yrs and his mother were conducting tuitions to the children. The victim is a student, who is aged about 4 years and was studying in LKG at Narayana Ananda School, as usual, went to the tuition to the house of the accused. At about 5.30 p.m, accused sent other children out of the house and made the victim stay back, thereafter took her to a room and made her sleep on a Divan Cot. He disrobed the victim and committed sexual assault. Immediately, she came out of the house crying and the same was informed to her friend, Tanuja and also to her mother. Learnt about the incident, mother took her to a private Doctor and got examined. Parents of the victim lodged a complaint; a case was registered against the accused. The trial Court came to the conclusion and convicted the accused. Being aggrieved by the same Accused/ Thimmaiah filed an appeal before the high court of Karnataka.

Arguments

Appellant/accused filed an appeal before the High court of Karnataka on the grounds that the judgment of conviction and order of the sentence is not sustainable in law. The said judgment is erroneous and not based upon the material evidence on record. It is his further submission that PW.1 is the victim, who is a child witness. In her cross-examination, she has clearly admitted that she has deposed before the Court as tutored. It is his further submission that her evidence is not corroborated with the evidence of PW.6, who is another girl, who was there along with the victim. It is his further submission that the Doctor, who came to be examined in the first instance has only deposed that there was some reddishness over the private part of the victim and when the victim was taken to another Doctor, there the mother has not allowed the Doctors to examine the victim. As such, the basic evidence has been suppressed by the prosecution. It is his further submission that there is no corroboration in the evidence of the prosecution and the mother. Even though there are so many contradictions, but without considering the said facts, the Court below has convicted the accused. It is his further submission that there was some financial transaction between the accused and the complainant’s mother. In order to take the vengeance, a false complaint has been filed. There is no corroborative evidence produced so as to come to the conclusion that the accused has committed the offence.

Learned Additional Special Public Prosecutor argued and submitted that the victim has consistently stated that the accused has committed the alleged crime and she has identified the accused. It is his further submission that the said evidence is corroborated with the evidence of PW.3 – the Doctor, who immediately examined the victim. In her evidence, she has clearly stated that when she examined, the swelling was there with reddishness and even the evidence of PW.2 – the mother of the victim, she has categorically stated that the victim came and informed about the alleged incident committed by the accused. By going through all the material, it clearly goes to show that when the victim had been to the class, accused took her inside the house and disrobed the victim and by licking and pressing her private part, he has committed a sexual assault on the victim girl. It is his further submission that the trial Court after considering the material placed on record has come to the right conclusion and has rightly convicted the accused. There are no good grounds made out by the accused so as to interfere with the judgment of the trial Court so the appeal has to be to dismiss.

Court analysis

Listening to the contention of both the parties, the court analyzed that the evidence of victim is not trusted worthy and she is not competent and also, she appears to be a tutored witness. It is a well-settled proposition of law that the evidence of child witness is not required to be rejected per se but the Court as a rule of prudence considers such evidence with close scrutiny only on being convinced about the quality thereof and reliability can record conviction based thereon. Court has observed that when the entire prosecution case rests upon the evidence of the child witness, it is necessary to find out as to whether the evidence of the victim is corroborated from other evidence on record and the child witness if found competent to depose to the facts and reliable one, such evidence could be the basis of the conviction.

Taking into consideration the said facts and circumstances. The appeal is allowed and the judgment of conviction and order of sentence passed by the Court of VI Additional District and Special Judge, Mysore in S.C.No.342/2016 dated 14.01.2019 is set aside and the accused is acquitted of the charges levelled against him. Further directed the trial Court to refund the fine amount, if he has deposited, on proper identification and acknowledgement. His bail bond and surety bond stood cancelled.

[googlepdf url=”http://libertatem.in/wp-content/uploads/2019/12/sexual-allegation-case.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Team of Courtroom and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

More Articles Like This

- Advertisement -