perverse
as the Trial Court has failed to consider that the victim defined
6
under Section 2(d) of POCSO Act is, any person below
whereby a proviso was added,
conferring a statutory right upon the victim, as
defined under Section 2(wa) , to prefer an
appeal against an order ... proviso, for the
first time, created right in favour of a victim as
defined under Section 2(wa) to file appeal
against an order
acceptable
legal evidence before the court to prove that the victim was
child as defined under section 2(d) of POCSO Act. The
prosecution ... 1645 of 2021
has failed to prove that the victim was child as defined under
Section 2(d) of POCSO Act, as on the date
cogent, convincing or corroborative legal evidence
to prove that the victim was child as defined under Section 2(d)
of POCSO Act, at the time ... When the prosecution has failed to prove that the
victim was child as defined under Section 2(d) of POCSO Act,
the question of committing
view of amendment. The amendment
also says "the victim shall have a right to prefer an appeal
against any order passed by the Court ... cannot be termed as 'Victim' defined U/s.
2(wa) Cr.P.C . This Court also taken note of proviso to Section
victim requires consideration.
42. It is to be noticed that under Section 2(wa) of
Cr.P.C., victim is defined as follows ... victims rights, though it fit to
introduce Section 357-A. Under Section 2(e) of the
Karnataka Scheme 2011 victim is defined as follows
view of amendment. The amendment
also says "the victim shall have a right to prefer an appeal
against any order passed by the Court ... cannot be termed as 'Victim' defined U/s.
2(wa) Cr.P.C . This Court also taken note of proviso to Section
acceptable
legal evidence before the court to prove that the victim was
child as defined under section 2(d) of POCSO Act. The
prosecution ... 1645 of 2021
has failed to prove that the victim was child as defined under
Section 2(d) of POCSO Act, as on the date
sufficient cause from filing the
application in time."
12. Victim is defined in clause (2)(1)(i) of the
Scheme ... victims of the specified crimes are
universal to all victims irrespective of the time of
occurrence of the crime. Victims have not been
- 23 -
segregated
Whether the prosecution proves beyond
all reasonable doubt that the victim was child as
defined under Section 2(d) of the POCSO ... prove the age of the victim.
Accordingly, the prosecution has failed to prove the age of
the victim as defined under Section