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Karnataka High Court overturns acquittal, sentences man to 10 year in jail for minor's rape

Fri, 15 Mar 2024 07:15:02  IG Bhatkali   S O News Service
after home before news

Bengaluru: In a significant ruling, the Karnataka High Court overturned a previous acquittal in a case under the Protection of Children from Sexual Offences (Pocso) Act, emphasizing the importance of protecting minors from sexual exploitation. The division bench, comprising Justices HB Prabhakara Sastry and Umesh M Adiga, challenged the trial court's verdict, which had concluded the sexual act between the minor girl and the accused was consensual.

The case, initially brought to attention by the Honnali police in Davangere district, involved a complaint filed by the parents of a 15-year-old girl on April 3, 2016. They accused a man of raping their daughter under the pretense of marriage, leading to her pregnancy and subsequent refusal by the accused to marry her.

The special court at Davangere had acquitted the accused on October 13, 2017, accepting his defense that the victim was of legal age and had consented to the relationship. However, this verdict was contested in the High Court, with the government pleader arguing that the victim's testimony was reliable and, given her minor status at the time, the question of consent was irrelevant. Further distress was highlighted by the revelation that the victim had given birth to a baby boy who tragically passed away two days later.

Addressing these points, the High Court bench determined that the evidence clearly showed the victim was a minor at the time of the incident. It underscored that the victim's failure to immediately report the crime did not imply consent to the sexual act. Consequently, the court sentenced the accused to 10 years of rigorous imprisonment and imposed a fine of Rs 25,000, with Rs 20,000 of this amount to be compensated to the victim.

This ruling not only overturns the trial court's judgment but also reinforces the judicial system's commitment to safeguarding the rights and well-being of minors against sexual offenses.