STATE OF KARNATAKA Vs. R. ALLAHBHAKSHI

JUDGEMENT

(1.) In this appeal by the State, the judgment of acquittal dtd. 5/12/2016 passed by the II Additional District and Sessions Judge, Chitradurga, in Spl.C.(POCSO) No.2/2015 is sought to be reversed.

(2.) Briefly stated the prosecution case is as follows;

(3.) On assessment of oral evidence of 25 prosecution witnesses and documentary evidence as per Exs.P1 to P40, the trial court found that the prosecution failed to prove that PW22 was a minor girl. Ex.P25 is the certificate issued by PW16 who was the headmaster of the high school where PW22 was studying. In Ex.P25 he mentioned her date of birth as 23/1/2000. Ex.P27 is the report given by PW17 stating that age of PW22 was around 15-16 years. Referring to these documents, the trial court held that though in Ex.P25 the date of birth is mentioned as 23/1/2000, PW17 stated in the evidence that he gave his opinion observing the developments of bones and therefore marginal error of two years on either side was possible. In this view the trial court came to a conclusion that the prosecution was not able to prove that PW22 was still a minor. Then referring to admission given by PW22 that she was in love with the accused, it was not possible to believe the prosecution case that she was subjected to forcible sexual intercourse by the accused.