Case Note & Summary
The appellant was convicted by the Trial Court for offences under IPC and POCSO Act for allegedly having forcible sexual intercourse with a minor victim resulting in pregnancy and childbirth -- The High Court examined whether prosecution proved victim's minority status and whether evidence established guilt beyond reasonable doubt -- The Court found prosecution failed to produce proper age proof documents as required under Juvenile Justice Act -- The DNA test excluded appellant as biological father of child -- There was unexplained delay in complaint filing -- Considering these factors, the Court held prosecution failed to establish guilt beyond reasonable doubt and acquitted the appellant granting him benefit of doubt
Headnote
The High Court of Karnataka at Dharwad Bench comprising allowed the criminal appeal filed by the appellant/accused against his conviction under Section 376(2)(h)(i)(n) of Indian Penal Code, 1860 (IPC) and Sections 4, 5(j)(ii), 5(l) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) -- The Trial Court had convicted and sentenced the appellant to life imprisonment -- The High Court held that prosecution failed to prove the victim was a minor as required under Juvenile Justice (Care and Protection of Children) Act, 2015 -- The DNA test report showed accused was not biological father of child born to victim -- There was inordinate delay of 8 months in lodging complaint -- The Court granted benefit of doubt to accused and acquitted him of all charges
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Issue of Consideration: The Issue of whether the prosecution proved beyond reasonable doubt that the victim was a minor at the time of alleged incident and whether the accused committed penetrative sexual assault as alleged
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Final Decision
The High Court allowed the appeal, set aside the conviction and sentence imposed by Trial Court, and acquitted the appellant of all charges granting him benefit of doubt
