Court rules lack of medical evidence and age verification documentation as key factors in acquittal of accused in alleged kidnapping and sexual assault of minor.
In a significant ruling, the Karnataka High Court upheld the acquittal of Sri. Raghuveer in a case involving charges of kidnapping and sexual assault under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The division bench, presided over by Justices H.P. Sandesh and Venkatesh Naik T., delivered the judgment on February 13, 2026, dismissing appeals filed by the State of Karnataka and the victim's mother.
The case originated from allegations that the accused, Sri. Raghuveer, had kidnapped and sexually assaulted a minor girl, leading to his initial acquittal by the Additional City Civil and Sessions Judge, Bengaluru, in August 2024. The prosecution charged Raghuveer under several sections, including 363, 366, and 376 of the IPC, and Section 6 of the POCSO Act.
Central to the High Court's decision was the lack of corroborative medical evidence and the failure to conclusively prove the victim's age as required by the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court noted that the medical examination revealed no signs of sexual assault, with the hymen intact and no injuries present, contradicting the victim's allegations.
Furthermore, the Court found deficiencies in the age verification process. The prosecution relied on school records to establish the victim's minority, which the Trial Court deemed insufficient. The Karnataka High Court concurred, stating that the documents did not meet the criteria outlined in Section 94(2) of the Juvenile Justice Act, which necessitates either a birth certificate or an ossification test in the absence of reliable school records.
The bench also emphasized the victim's testimony, which suggested consensual involvement, as she willingly accompanied the accused on multiple occasions, including out-of-town trips. The evidence indicated a lack of forcible coercion, undermining the charges of kidnapping under Sections 361 and 363 of the IPC.
In conclusion, the High Court found no compelling reason to overturn the Trial Court's judgment, citing the prosecution's failure to substantiate the charges beyond reasonable doubt. The ruling underscores the critical importance of comprehensive evidence in prosecuting cases under the POCSO Act and related statutes.
Bottom Line:
In cases under POCSO Act, where the victim's testimony does not support the prosecution and medical evidence does not corroborate the allegations, a high probability of acquittal arises due to lack of evidence. Additionally, the age of the victim must be proved in accordance with law under section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Statutory provision(s): Indian Penal Code Sections 361, 363, 366, 376; Protection of Children from Sexual Offences Act, 2012 Section 6; Juvenile Justice (Care and Protection of Children) Act, 2015 Section 94(2).
State of Karnataka v. Sri. Raghuveer, (Karnataka)(DB) : Law Finder Doc id # 2855058
