A Division Bench of this Court following the said judgment of the Apex Court in DOULA v. THE STATECriminal Appeal No.100260/2016 decided on 22-07-2020 has held as follows:
“45. To constitute the offence of either rape
under Section 375 of IPC or penetrative sexual assault
as defined under Section 5 of the POCSO Act, the victim
is not required to explain in detail before the court, the
horrifying act. Sexual violence is not only a
dehumanising act but also intrudes into the victim’s
right of privacy and sanctity. Expecting the victim to
explain step by step as to how the accused violated her,
degrades and humiliates her. Where the victim is a
helpless child or a minor, it leaves behind a traumatic
experience. The courts must be sensitive towards the
plight of the victim of such offence. Under the guise of
eliciting evidence, she cannot be compelled to reproduce
minute details of the horrendous act.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
CRIMINAL PETITION No.8167/2020
STATE OF KARNATAKA, Vs SOMANNA, S/O DODDA SHETTY,
BEFORE
MR. JUSTICE M. NAGAPRASANNA
DATED THIS THE 3RD DAY OF MARCH, 2022
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