IMPORTANT POINT
When the gaps in evidences of prosecutrix and medical officer making occurrence of sexual intercourse highly improbable, accused would be entitled to benefit of doubt.

JUDGMENT :

Pinaki Chandra Ghose, J.

1. This appeal by special leave has been directed against the judgment and order dated 9.11.2009 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1576 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him of the offence under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

2. The brief facts necessary to dispose of this appeal are that the prosecutrix (PW1), daughter of one Lakshmana (PW2), aged about 14 years, was studying in 8th standard in Swami Vivekanand School at Hiriyur Town, District Chitradurga. The respondent F. Nataraj was a teacher in the said school and the prosecutrix fell in love with him. When she expressed this before him, he told her that she is a minor and should concentrate on her studies. The prosecutrix threatened the accused respondent that if he would not consent to marry her, she would kill herself. In view of this threat, he agreed to marry her. The relationship between them continued for about three months. When the prosecutrix came to know that her parents were about to get her married to somebody else, she started pressurizing the accused to marry with her by giving him threats again. Ultimately, the accused-respondent and the prosecutrix fled away from Hiriyur Town in the early morning of 26.10.2003 and reached Bangalore. There the accused took her to Nallur Village near Whitefield and they stayed in the house of aunt of the accused -Kaveramma for about 20 days. The accused-respondent brought one readymade Mangalya (thaali) and tied it to the prosecutrix at about 3:00 p.m. on that date in the said house and they got married to each other. The accused then started visiting factories in search of job. During the period from 26.10.2003 to 15.11.2003, the prosecutrix and the accused lived together and led a conjugal married life. Finally, the Police of Hiriyur Police Station reached the said house on 15.11.2003 at about 12:15 p.m., and the accused and the prosecutrix were taken to the Hiriyur Police Station by the evening. Thereafter, statement of the prosecutrix was recorded as Ex.P-1 on 15.11.2003 at Hiriyur Police Station. Based on this statement (Ex.P-1), investigation was taken up. The father of the prosecutrix (Lakshmana) had already filed a missing complaint (Ex.P-2) on 26.10.2003, stating that his daughter had gone out to attend nature’s call on 26.10.2003 at about 3:00 A.M. and thereafter she could not be traced despite all efforts. On 11.11.2003, Lakshmana filed another complaint (Ex.P-3) at the Hiriyur Police Station stating that he suspected that the respondent might have kidnapped his daughter.

3. On the basis of the evidences collected by the police during the investigation, charge-sheet was filed against the accused respondent under Sections 366A and 376 of the IPC. The case was committed to the Court of Sessions. Since no material was found to frame a charge for the offence punishable under Section 366A of IPC, therefore, only the charge for the offence punishable under Section 376 of IPC was framed against the accused to which he pleaded not guilty and claimed to be tried.

4. The Trial Court by its judgment and order dated 21.9.2007, convicted the respondent F. Nataraj for the offence punishable under Section 376 of the IPC and sentenced him to rigorous imprisonment for five years and to pay a fine of Rs.1,000/-, and in default of payment of fine, further simple imprisonment for three months was awarded. Being aggrieved by the aforesaid judgment and order of the Trial Court, the accused-respondent filed an appeal before the High Court of Karnataka at Bangalore, being Criminal Appeal No.1576 of 2007. The High Court by the impugned judgment and order allowed this appeal on the ground that though the prosecutrix herein was less than 16 years of age and her consent would be of no relevance if there was sexual intercourse between her and the accuse