LI Network
Published on: January 1, 2024 at 11:00 IST
The Karnataka High Court, Dharwad Bench, has taken a stern stance against a trial court judge for displaying an “inhuman” and “insensible” approach in handling evidence related to a case involving the sexual assault of an 8-year-old girl.
In the matter of State of Karnataka v. Venkatesh @Venkappa, Justice Hanchate Sanjeev kumar set aside the acquittal of the accused, Venkatesh, and imposed a five-year rigorous imprisonment for aggravated sexual assault on the minor.
The High Court expressed strong disapproval of the additional sessions judge who acquitted the accused, labeling him as “highly insensible” and “lacking professionalism” in dealing with the prosecution’s evidence.
Justice Sanjeev kumar, in his ruling, recommended that the judge undergo training at the Karnataka Judicial Academy to handle such cases more effectively.
The case involved the sexual assault of a minor victim outside her house in February 2018. The accused faced trial under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code.
The trial court acquitted the accused in December 2020, citing the absence of independent witnesses and the doctor’s evidence indicating no injury to the victim.
Challenging the decision, the State approached the High Court.
Justice Sanjeevkumar criticized the trial court’s technical approach to evidence, describing it as “completely erroneous, perverse, and inhuman.”
The High Court emphasized the impracticality of expecting eyewitnesses in POCSO cases, stating that in such offenses, witnesses typically include parents, relatives, and the minor victim.
The Court found the evidence provided by the parents and the minor victim to be relevant and trustworthy. It criticized the trial Court for rejecting the doctor’s evidence based on the absence of visible injuries, stating that expecting injuries in cases of outraging modesty is unwarranted and “shocks the conscience” of the Court.
Consequently, the High Court convicted the accused of aggravated sexual assault and sexual harassment, sentencing him to five years of imprisonment. Additionally, the District Legal Services Authority was directed to provide compensation of ₹5 lakh to the minor under the Karnataka Victim Compensation Scheme.