The Karnataka High Court has directed Judicial Academy Training for a Trial Judge accused of adopting an ‘Inhuman Approach’ in a POCSO case

BY: THE LEX TIMES 

The Karnataka High Court has directed judicial academy training for a trial judge criticized for an “inhuman” approach in a POCSO case. Justice Hanchate Sanjeevkumar firmly set aside the accused Venkatesh’s acquittal, imposing a rigorous five-year imprisonment for aggravated sexual assault on an 8-year-old girl.

The High Court found the additional sessions judge, responsible for the initial acquittal, to be “highly insensible” and “lacking professionalism” in handling prosecution evidence. Consequently, it recommended training for the POCSO Court judge at the Karnataka Judicial Academy to enhance competence in managing such sensitive cases.

The case involved the sexual assault of a minor outside her house in February 2018, leading to charges under the POCSO Act and the Indian Penal Code. The trial court’s acquittal in December 2020, citing the absence of independent witnesses and a lack of injury according to the doctor’s evidence, prompted the State to challenge the decision before the High Court.

Justice Sanjeevkumar criticized the POCSO Court’s technical appreciation of evidence and questioned the unrealistic expectation of eyewitnesses in such cases. The High Court, however, deemed the evidence of the minor’s parents and the victim herself to be credible and trustworthy, establishing the accused’s guilt after analyzing testimony from other relatives.

Highlighting a serious error, the High Court disapproved of the trial court’s rejection of the doctor’s evidence based on the absence of visible injuries. It emphasized the insensitivity of the POCSO Court judge in appreciating the evidence and condemned the erroneous application of technicality.

Justice Sanjeevkumar underscored that expecting injuries in offenses of outraging modesty was unwarranted and “shocked the conscience” of the Court. The High Court concluded by characterizing the trial court’s approach as a travesty of justice, particularly in finding faults with prosecution witnesses and adopting excessive technicality.

Having found the accused guilty of aggravated sexual assault and harassment, the High Court imposed a five-year imprisonment. Additionally, it directed the District Legal Services Authority to provide ₹5 lakh in compensation to the minor child under the Karnataka Victim Compensation Scheme.

Title: State of Karnataka vs Venkatesh & Anr.

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