Belagavi POCSO court slammed by Karnataka High Court for biased approach
Slamming the biased approach of the lower court towards the victim, the Karnataka High Court has quashed the acquittal order of a rape accused father by the Belagavi POCSO court and awarded him 10 years of imprisonment along with a fine of Rs 50,000.
The Court did not consider the plea of the counsel appearing for the accused father, that he is an auto driver and his family members depended on him for livelihood. The court stated that there is no reason for the reduction of punishment.
The 14-year-old victim had opened up about her ordeal when she visited her grandparent’s home. She said that the accused, her father sexually assaulted her continuously in 2015 and kept her under house arrest. The girl told her grandmother that she did not want to be back at her house.
On Wednesday, the verdict was passed by a division bench headed by Justices H T Narendra Prasad and Rajendra Badamikar. The prosecution has submitted an appeal to the High Court questioning the order of acquittal of the accused by the Special POCSO court.
The bench also observed that the POCSO court had failed to consider the trauma that the minor girl has suffered due to sexual assault. It further noted that the lower court has seen the case with a biased mindset in a case where the daughter was made the victim of rape by the father.
The bench said that there is no reason for the girl to give false statements against her father. In cases where the victim’s evidence is considerate and reliable, the courts have to be sensible. The proceedings of the trial court have been tainted and peculiar which is not acceptable, it said.
After the grandmother had lodged a complaint with police in this regard at Belagavi police station, the POCSO court had shockingly acquitted the accused on February 3, 2017, stating that the statements of the victim, her grandmother, and other witnesses are unreliable. The prosecution had questioned the acquittal in the higher court.
[With Inputs from IANS]
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