Victim Not Supporting Prosecution Case, Non-Corroboration Of Medical Evidence: Karnataka High Court Upholds Acquittal In POCSO Case

The Karnataka High Court upheld the acquittal of a man accused of raping a girl claimed to be a minor, holding that in cases where the victim does not support the prosecution and where medical evidence does not corroborate the allegations, such cases have a high chance of resulting in acquittal.

In doing so the court noted that the victim had herself eloped with the accused.

A division bench of Justice HP Sandesh and Justice Venkatesh Naik T said:

"The main evidence before the Court is with regard to the evidence of the victim girl. The evidence of the victim girl, particularly when she was taken to the Magistrate after giving the statement before the police, she categorically says that she fell in love with him and they used to roam around the city every now and then. When the parents came to know about their love affair, she was sent to the house of P.W.1. On 16.10.2023, both of them eloped and then first went to Kamakshipalya, where they had sexual intercourse, even though she says she had resisted...Having considered this, it is very clear that both of them were loving each other and they used to roam around the city every now and then. The admission on the part of P.W.1 is clear that when she (victim) was sent to the house of P.W.1, she only gave the address of the house of P.W.1 to the accused and thereafter she eloped along with the accused...The Court has to take note of the conduct of the victim and she only called the accused and went along with him...

In cases under the POCSO Act, where the victim does not support the prosecution and medical evidence does not corroborate the allegations, the case generally face a high probability of acquittal due to lack of evidence. In such cases, the Court looks for independent corroborative evidence, such as testimony from other circumstances viz., FLS report etc"

The court said this after noting that the medical evidence did not support the prosecution's case as there were no any external injuries found on the genital area or anywhere in the body of the victim and the hymen was also intact. Hence the court said that question of invoking the offence under Section 376 (rape) IPC and Section 6 of the POCSO Act does not arise.

The court also noted that the evidence of the doctor was very clear that there was no any sign of her being subjected to a sexual assault and no injuries were found and there was no any sign of sexual intercourse.

The court was hearing appeals by the State and the minor survivor's mother challenging a sessions court order acquitting the accused for offence of rape and kidnapping and provisions of the POCSO Act.

The prosecution alleged that the accused told the girl that he will marry her and "made her love him" pursuant to which they got into a relationship. The mother advised the accused not to continue such an act and she sent the girl to Bangalore.

When the accused came to know of this, he kidnapped the girl and forcefully sexually assaulted her against her wish. Thereafter, the accused took her to Tirupathi and Hyderabad and dropped her near Jalahalli Cross.

After the case was lodged the accused pleaded not guilty. The trial court concluded that age of the minor was not proved. It further referred to the doctor's evidence and said that there were no any injuries and no sign of the girl being subjected to a sexual act and the acquitted the accused.

With respect to the girl's age the court noted that no document of birth certificate was produced in the matter. Though the Headmaster speaks about the admission record, the same is based on the information given by the parents of the victim at the time of admission and the same is not the age proof, the court said.

The court said that the doctor had not opined on the victim's age and no age estimation record was placed before the Court. Further ossification test was also not conducted in order to come to a conclusion with regard to her age.

"When such being the case, the Trial Court has not committed any error in coming to the conclusion that the entry made in the school records cannot be believed in the absence of proof of the date of birth under the provisions of JJ Act and the same is discussed in paragraph Nos.14 and 15 and comes to the right conclusion that the same has not been proved. It is important to note that the victim herself eloped with the accused and there was no any force of kidnapping and she herself called the accused and went along with him. Apart from that, the age of the victim is also not proved," it added.

The court thus dismissed the appeals.

Case title: THE STATE OF KARNATAKA v/s SRI. RAGHUVEER & Anr. and connected appeal

CRIMINAL APPEAL NO.1695/2025, CRIMINAL APPEAL NO.2122/2024

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