Karnataka High Court set aside the order of the Chikkamagalur District Additional Sessions and POCSO Special Court acquitting a rape accused and ordered a fresh probe into the case.
The divisional bench headed by Justice G. Narender gave the order on Tuesday.
The prosecution had challenged the order of the Chikkamagalur District Additional Sessions and POCSO Special Court in the High Court. The prosecution contended that the lower court did not give a chance to verify necessary evidence in connection with the case. It has also been maintained that a DNA test of the accused was not conducted and the court did not allow evidence of the doctor who conducted a medical test of the victim.
The High Court opined that the lower court has committed a serious mistake as it has not taken into cognisance any other evidence and went by the statements of family members who turned hostile in the court.
The divisional bench quashed the order of the Chikkamagalur District Additional Sessions and POCSO Special Court acquitting the accused from the case on February 1, 2020. The bench ordered a fresh probe into the case.
The victim’s father had lodged a complaint on April 29, 2019, with Aldur police station against the accused of raping his minor daughter. The accused and the victim’s family worked at a Coffee estate. The accused was arrested by the police and the girl had recorded her statement. The police later submitted a charge sheet in the case.
The medical test has confirmed that the victim has become pregnant. However, the POCSO Special court acquitted the accused for the want of evidence after the victim’s father and her family members turned hostile in the court.