R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
B. C. Deva @ Dyava – Appellant
Versus
State of Karnataka – Respondent
The legal document clearly establishes that when the evidence of the prosecutrix is trustworthy and credible, the findings of the trial court and the high court should generally be upheld, especially when these findings are based on a thorough evaluation of the evidence (!) . In this case, the prosecutrix's testimony was detailed, consistent, and supported by corroborative witnesses, such as her mother and other independent witnesses, which reinforces her credibility (!) (!) .
Furthermore, the fact that the prosecutrix disclosed the incident promptly to her family and police, and her subsequent actions, such as attempting suicide, demonstrate her emotional distress and the truthfulness of her account. The absence of physical injuries or seminal stains on her clothing does not necessarily negate her testimony, as medical evidence alone is not conclusive in cases of sexual assault, especially when the oral testimony is strong and consistent (!) (!) .
Additionally, the courts have recognized that the absence of physical injuries or corroborative medical evidence does not automatically disprove the occurrence of sexual assault, particularly when the victim's testimony is corroborated by independent witnesses and is otherwise credible. The consistency of her account, her emotional state, and the supportive evidence justify the conclusion that her testimony is trustworthy (!) .
Given these considerations, there is no justifiable reason to interfere with the concurrent findings of guilt by the trial and appellate courts. The evidence sufficiently supports the conviction, and the argument that reliance solely on the prosecutrix's testimony is insufficient does not hold, especially where her testimony remains credible and unshaken (!) .
In summary, the argument that the conviction should be overturned due to lack of physical injuries or independent corroboration is weak, as the overall evidence, including the prosecutrix's credible testimony and supporting witnesses, provides a legally sound basis for upholding the conviction.
JUDGMENT
Lokeshwar Singh Panta, J.—
1.The appellant has filed this appeal against the judgment dated 01.03.2000 passed by the learned Single Judge of the High Court of Karnataka at Bangalore in Criminal Appeal No.334/96, confirming the conviction and sentence of 7 years R.I. imposed upon the appellant in respect of the offence punishable under Section 376 of the Indian Penal Code [for short “IPC”] and to pay a fine of Rs. 5,000/- with default stipulation for six months R.I. awarded by the learned Principal Sessions Judge, Madikeri, on 11.04.1996 in Sessions Case No. 32/93.
2.Brief facts, which led to the trial of the appellant, are as follows :
3.In the year 1991, the prosecutrix (PW-2), her mother Jayanthi (PW-3) and father Raju (PW-13) were working in Athoor Coffee Estate. They were living in the labour colony of the estate. B. C. Deva @ Dyava - accused herein, was also working as Mistry in the same Coffee Estate. On 28.03.1991, the prosecutrix and her mother had gone to the Coffee Estate for picking up coffee seeds whereas the father joined his routine duty of driving the tractor. During lunch time, the prosecutrix had gone to her house for taking mid-day meal. When after lunch b
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