Karnataka High Court Upholds Justice in Conviction of Sexual Assault Case
Last Updated on January 2, 2024 by News Desk
This story isn’t just about legal proceedings; it’s about a young girl whose world was shattered by a heinous act. In a profound and pivotal moment, the Karnataka High Court, Dharwad Bench, delivered a judgment that echoed the cries for justice of an 8-year-old girl who suffered a traumatic sexual assault. This case didn’t just expose a crime; it exposed a system that needed to do better.
Justice Hanchate Sanjeev Kumar’s ruling wasn’t just about overturning an acquittal; it was about standing up against an approach that failed to acknowledge the pain and trauma of a victim. By labeling the trial court’s handling as “inhuman” and “insensible,” the High Court sent a powerful message—it’s not just about legal technicalities; it’s about humanity and empathy.
This wasn’t a mere legal dispute; it was about a girl whose innocence was brutally violated in February 2018. The legal battle that ensued under the POCSO Act and the Indian Penal Code turned the spotlight on the trial court’s decision in December 2020, one that acquitted the accused citing a lack of witnesses and the absence of visible injuries on the victim. But this case was more than what met the eye.
The High Court’s scathing critique wasn’t just about evidence; it was about understanding the reality of these cases. Rejecting testimonies from parents and the victim based on a lack of independent witnesses showcased a systemic gap in comprehending the nuances of such offenses. It’s not always about eyewitnesses; it’s about trusting the voices of those directly impacted.
Furthermore, the Court’s dismissal of the doctor’s evidence due to the absence of visible injuries brought to light a crucial misunderstanding. The absence of physical harm doesn’t diminish the emotional and mental anguish endured. This critique begged for a more compassionate lens in handling cases of this nature, where the scars aren’t always visible but deeply felt.
The accused received a significant sentence, but more importantly, the Court directed compensation for the victim under the Karnataka Victim Compensation Scheme, acknowledging the irreversible trauma she faced. This wasn’t just about legal repercussions; it was about recognizing and trying to heal the wounds inflicted on a young soul.
In upholding justice, the Karnataka High Court not only held the accused accountable but also emphasized the dire need for sensitivity and empathy in handling cases of sexual assault involving children.
Written by — Athi Venkatesh
