The Karnataka High Court at Kalaburagi has dismissed the State's appeal challenging the acquittal of a man accused of kidnapping and repeatedly sexually assaulting a minor girl. The Division Bench of Justice Ashok S. Kinagi and Justice Subramanya Rangarao held that the trial court had properly examined the evidence and that no sufficient grounds existed to interfere with its decision.
Background
The prosecution alleged that the girl went missing on September 20, 2023, after leaving home to deliver food to her brother working in the agricultural field. Her father lodged a missing complaint on September 23, 2023. The accused was arrested on September 29, 2023.
The prosecution examined 20 witnesses and relied on 35 documents. The Special Court, however, acquitted the accused on March 18, 2024, after finding that the allegations had not been established beyond reasonable doubt.
Challenging the acquittal, the State argued that the victim was below 18 years of age and that the statutory presumption under Section 29 of the POCSO Act had not been rebutted.
The High Court examined the victim's testimony and cross-examination, including evidence concerning her previous relationship with another person and a monetary settlement of Rs. 5 lakh.
The Bench observed:
"The facts clearly shows that the victim girl has enough worldly knowledge and she is in the habit of having love affairs and extracting money. She extracted money from Tukaram Bakade. The age of the victim as on the date of the alleged offence is 17 years, 03 months and 19 days, and she was in a position to understand what is right and wrong for her."
The Court also considered the three-day delay in lodging the complaint and the fact that two panch witnesses had not supported the prosecution's case.
Referring to Jafarudheen v. State of Kerala (2022), the Bench reiterated the principle governing appeals against acquittal:
"An order of acquittal adds up to the presumption of innocence in favour of the accused. Thus, the Appellate Court has to be relatively slow in reversing the order of the Trial Court rendering acquittal."
The Court concluded that the trial court had considered the entire evidence and its findings represented a possible view of the case.
Finding no grounds for interference, the Karnataka High Court dismissed the State's appeal and confirmed the acquittal dated March 18, 2024, passed by the Special Court in the POCSO case.
Case Details
Case Title: State of Karnataka v. Doolappa S/o Balu Mashal & Anr.
Case Number: Criminal Appeal No. 200077 of 2026
Judges: Justice Ashok S. Kinagi and Justice Subramanya Rangarao
Decision Date: October 9, 2026
