State of Karnataka (through Circle Inspector of Police, Belthangady Circle, Venoor) v. Aravinda @ Abhi - CRL.A No. 2072 of 2025 (DB, per Mohammad Nawaz J; Venkatesh Naik T, member), High Court of Karnataka, decided 27.03.2026. State appeal under S.378(1)(3) CrPC against the judgment of acquittal dated 16.11.2023 in Spl.C.No.29/2023 (Additional District and Sessions Judge, FTSC-II(POCSO), D.K., Mangaluru) for offences under Section 376(2)(n) and 506 of IPC and under Section 6 of the POCSO Act. Appeal preferred on 13.10.2025 with an inordinate delay of 587 days after deducting the limitation period of 90 days; I.A.No.1/2025 under Section 5 of the Limitation Act dismissed. Trial court had acquitted the accused on finding: victim PW.1's testimony inconsistent with previous statements (Ex.P7, the S.164 CrPC statement, silent on the last assault of 01.09.2022); DNA profiling report (Ex.P21) showing the victim to be the biological mother of her child but excluding the accused as the biological father; refusal of the accused to marry the victim despite the family's efforts; and the accused readily offering blood samples - the trial court relying on Dadakhalandar v. State of Karnataka (Crl.A No.100162/2015, D.D. 23.02.2017) to give the benefit of doubt, and observing that rebuttal of the presumption under Sections 29 and 30 of the POCSO Act did not arise where the prosecution failed to prove the act. The Appellate Court held the trial court's reasons neither perverse nor illegal; the acquittal reinforcing the innocence of the accused, with no compelling grounds to reverse the judgment. Appeal dismissed; consequently I.A.No.1/2025 dismissed.
