High Court of Karnataka Reverses Acquittal in POCSO Case, Criticizes Erroneous and Insensible Lower Court Judgment

In a significant judgment on December 18, 2023, the High Court of Karnataka at Dharwad Bench, presided over by Justice Hanchate Sanjeevkumar, overturned an acquittal granted by the POCSO Court, Ballari, in Special Case No.684/2018. The case involved allegations of sexual assault on a minor, with the accused charged under several sections of the IPC and the POCSO Act.

Justice Sanjeevkumar, in his detailed judgment, heavily criticized the approach of the lower court, describing it as “completely erroneous, perverse and inhuman.” The judgment underscored the need for sensitive handling of cases involving minors, especially in the context of sexual offenses. The High Court found that the POCSO Court had failed to appreciate the evidence in its proper perspective, leading to an unjustifiable acquittal.

The case’s facts revealed that the accused was charged with sexually assaulting an 8 and ½-year-old child. The High Court, after reassessing the evidence, found the testimonies of the prosecution witnesses, including the victim and her family, credible despite minor discrepancies. Consequently, the accused was convicted for offenses under Sections 354A and 354B of the IPC and Sections 7, 8, 9, and 10 of the POCSO Act.

In a stinging observation, Justice Sanjeevkumar noted that the POCSO Court judge showed a lack of sensitivity and professionalism in handling the case. He recommended that the judge undergo training at the Karnataka Judicial Academy to better handle such sensitive cases in the future.

The High Court’s judgment also directed the District Legal Services Authority to pay compensation of Rs. 5,00,000 to the minor victim under the Karnataka Victim Compensation Scheme. In addition to reversing the acquittal, the court imposed rigorous imprisonment and fines under the relevant sections of the IPC and POCSO Act.

Date of Decision: 18^th December 2023

STATE OF KARNATAKA VS VENKATESH @ VENKAPPA