The State through Old Town v. Sathisha
Case brief
What is this about?
Criminal Appeal filed by the State against acquittal of two accused in Session Case No.213/2013 for alleged rape and offences under POCSO Act. Appease Court held prosecution failed to prove victim was minor and convict beyond reasonable doubt, dismissing appeal.
What did the court decide?
The criminal appeal filed by the State against the judgment of acquittal was dismissed.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF NOVEMBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA
CRLIMINAL APPEAL No.2135/2016 (A)
BETWEEN:
THE STATE THROUGH OLD TOWN POLICE STATION, SHIVAMOGGA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. ... APPELLANT
(BY SRI H.S. SHANKAR, HCGP)
AND:
- SATHISHA
S/O. PUTTAPPA, AGED ABOUT 27 YEARS, LABOURER, R/O. NEHRU CONVENT ROAD, AMBEDKAR CIRCLE, OLD TOWN, BHADRAVATHI,
Issues for consideration
3 issues framed by the court
Whether the learned Sessions Judge is justified in acquitting the accused for offences under Sections 376(2)(i) and 506 of IPC and Sections 3 and 4 of POCSO Act?
Whether the prosecution has made out a prima-facie case to interfere with the findings of acquittal by the Sessions Court?
Whether the prosecution proved the victim was a minor as defined under Section 2(d) of the POCSO Act and established penetrative sexual assault beyond reasonable doubt?
Parties & counsel
- appellant
THE STATE THROUGH OLD TOWN POLICE STATION REPLIED BY STATE PUBLIC PROSECUTOR
- respondent
SATHISHA
- respondent
LAKSHMAMMA
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- CRL.A/2135/2016
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