01Facts
The prosecution alleged that, in March 2015, the accused called the victim to his home stay and forcibly had sexual intercourse with her.
The victim also alleged that another person later attempted to rape her.
The Sessions Court found insufficient evidence to convict for completed rape but convicted the accused of attempted rape under Section 376(2)(i) read with Section 511 IPC and Section 4 of the POCSO Act read with Section 511 IPC.
¶ 3–4The accused appealed against conviction; the State appealed seeking enhancement of sentence.
¶ 1–2The victim’s age was sought to be proved through a school admission-register extract and transfer certificate relating to her seventh-standard education.
¶ 11–1602Issues
i.1. Whether the prosecution proved beyond reasonable doubt that the victim was a child at the time of the alleged incident, so as to establish the applicability of the POCSO Act.
¶ 11–16ii.2. Whether the victim’s testimony and the surrounding evidence reliably established the accused’s guilt for attempted rape.
¶ 17–34iii.3. Whether the sentence imposed by the trial court should be enhanced.
¶ 2, 10, 3503Law Applied
Section 34 of the POCSO Act, read with Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, governs age determination: where age is in doubt, the statutory sequence prioritises a school date-of-birth or matriculation certificate, then a birth certificate from the specified public authority, and only in their absence a medical age-determination test.
¶ 14–16The court also relied on the principle that a prosecutrix’s sole testimony may sustain a conviction if it is trustworthy and of sterling quality, but not where material flaws make it unreliable.
¶ 21The charges and conviction concerned Section 376(2)(i) IPC and Section 4 of the POCSO Act, each read with Section 511 IPC.
¶ 1, 4Provisions in the judgment · 14 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 164Section 374Section 377
Indian Penal Code, 1860 Section 354Section 376Section 506Section 511
Protection of Children from Sexual Offences Act, 2012 Section 4Section 8Section 12Section 34
Juvenile Justice (Care and Protection of Children) Act, 2015. Section 14Section 36Section 94
04Reasoning
The age evidence did not satisfy the court that the victim was a minor: the prosecution produced neither a matriculation/equivalent certificate nor a birth certificate, and the school records relied on related to seventh standard.
¶ 15–16The witness who issued the records could not explain the basis for the transfer certificate or date-of-birth entry, and the person who made the entries was not examined.
¶ 15–16Independently, the court found the victim’s evidence unreliable. Her account of the alleged March incident was not disclosed during her initial counselling, when she instead identified another person as having sexually exploited her; the complaint was lodged later.
¶ 17–20, 24–31Her statements and medical history also referred to sexual intercourse with that other person in April, while she continued working at the accused’s home stay. The medical report did not corroborate her account, and the alleged bloodstained undergarments and bedding were not seized.
¶ 17–20, 24–3105Holding
The court therefore held that her testimony could not sustain either the attempted-rape conviction or the requested sentence enhancement.
¶ 33–34The High Court allowed the accused’s appeal and dismissed the State’s enhancement appeal.
¶ 35It set aside the conviction and sentence under Section 376(2)(i) read with Section 511 IPC and Section 4 of the POCSO Act read with Section 511 IPC, and acquitted the accused.
¶ 35The bail bond was cancelled; the trial court’s order disbursing victim compensation under the Karnataka Victim Compensation Scheme, 2018, was left undisturbed.
¶ 35Original Court PDF
THE STATE OF KARNATAKAvsSHAFI AHAMED KHAN
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
