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2011 Supreme(Kar) 452
2012 (2) KCCR 1377 (DB)
KARNATAKA HIGH COURT
N. Ananda and V. Suri Appa Rao, JJ
Sri Anil Kumar and Others-Appellants
Versus
The State of Karnataka-Respondent
Criminal Appeal No. 133 of 2006 connected with Criminal Appeal No. 734 of 2006
Decided on: 19.7.2011
In Crl. A. No. 133 of 2006
Sri Arunashyam for M/s. Dharmashree Associates, for Appellants;
Sri N.S. Sampangiramaiah, High Court Government Pleader for Respondent.
In Crl. A. No. 734 of 2006
Sri. N.S. Sampangiramaiah, High Court Government Pleader, for Appellant;
Sri Arunashyam for M/s. Dharmashree Associatos, for Respondents
The importance of credible evidence and the lack of medical evidence in proving charges of abduction and gang rape.
Headnote:
Abduction - Gang Rape - Sections 366, 376(g), 328 r/w 34 IPC - The court re-evaluated the evidence and found that the prosecution failed to prove the charges against the accused. The appeal filed by the accused was accepted, and the appeal filed by the State for enhancement of sentence was dismissed.
Fact of the Case:
The victim was allegedly abducted and gang-raped by the accused. However, the court found discrepancies and improbabilities in the victim's evidence, lack of medical evidence to support the allegation of gang rape, and inconsistencies in the conduct of the victim before and after the alleged incident.
Finding of the Court:
The court found that the evidence of abduction and gang rape did not inspire confidence, and the prosecution failed to prove the charges against the accused.
Issues: The main issue was the credibility of the victim's evidence and the lack of corroborating medical evidence.
Ratio Decidendi: The court emphasized the importance of evidence in rape cases but also highlighted that the evidence of the victim cannot be believed if it suffers from inherent improbabilities. The court re-evaluated the evidence and found it lacking in credibility.
Final Decision: The appeal filed by the accused was accepted, and the accused were acquitted of the charges. The appeal filed by the State for enhancement of sentence was dismissed.
N. Ananda, j: Crl. A. No. 133/2006 is filed by the appellants (arrived as Accused Nos. 1 to 5) against the judgment of conviction for offence a punishable under Sections 366, 376(g), 328 read with 34 IPC. Crl. A. No.734/2006 is filed by the State for enhancement of sentence.
2. A1 to A5 were tried for the following charges and supplementary charges:
"That you all in furtherance of the common intention 21.8.2000 at about 4.00 p.m. when CW1 was proceeding towards Sadana Clinic of Santhekatte followed her in white Maruthi Car bearing Reg. No. KL. 13-4647 and stopped the said car by her side and induced her saying that her husband Sathish sent you to take her in your car and you brought CW1 in the said Car to KSRTC Bus Stop at Mangalore and from KSRTC Bus Stop to Mangalore you abducted her to an old big vacant house at Thokkottu in an autorickshaw bearing Reg.No.KA-19-3683 with the intend that CW1 may be forced by you all to illicit intercourse and you thereby committed an offence under Sec.366 read with. Sec. 34 of the Indian, Penal Code and within the cognizance and jurisdiction of this Court.
Secondly that you in furtherance of the common intention on 21.8.2000 in the night in the said big old vacant house at Thokkottu subjected CW1 (a married woman having 2 children) to criminal intimidation administered alcohol to the mouth of CW 1 and thereafter you- one by one - committed rape on CW -1Lakshmi on that whole night i.e. at night on 21.8:2000 till 5.00 a.m. on 22.8..2000 and you thereby committed an offence under. Sec. 376 read with Sec. 34 of the Indian Penal Code and within the cognizance and jurisdiction of this Court."
"Firstly, that, you accused Nos. 1 to 5, in furtherance of the common intention, on the night of 21.08.2000, after abducting CW1 Smt. Laxmi, you brought her to an old big vacant house at Thokkottu 2nd Kolya of Somedwara Village which was in the occupation of CW2 and belonging to one Devanna @ Laxmana Shenava and without the consent of said CW 1 Smt. Laxmi, you accused Nos. 1 to 5, committed gang rape one by one from 10.00 p.m. to 5.00 a.m. of 22 08.2000 and you thereby committed an offence punishable under Section 376(g) r/w Sec.34 of the Indian Penal Code, and within my cognizance.
Secondly, that you accused Nos. 1 to 5, in furtherance of the common intention, on 21.8.2000 in the night and in the said big old vacant house situated at 23nd Kolya of Somedwara Village, subjected CW 1 (a married woman having 2 children) to criminal intimidation and administered alcohol to the mouth of CW1 forcibly, with intent to commit or facilitate the commission of the offence of gang rape upon said CW1 by you one by one, and thereby committed an offence punishable under Section 328 r/w Sec.34 of the Indian Penal Code, and within my cognizance."
3. The defence of the accused is one of total denial. On behalf of prosecution, PWs 1 to 14 were examined, documents Exs.P1 to P9 were marked and material objects MOs 1 to 8 were marked. On behalf of the defence, DWs 1 and 2 were examined and documents Exs.D1 to D7 were marked.
4. The learned trial Judge, on appreciation of evidence and after hearing the Counsel for the parties, convicted the accused for the aforesaid offences. Being aggrieved by the same they have filed Crl. A. No.133/2006. Feeling that the sentence imposed is inadequate, the State has, filed Crl.A.No.734/2006 for enhancement of sentence..
5. We have heard Sri M.S. Sampangiramaiah, HCGP for the State and Sri Arun Shyam, learned Counsel for the accused.
6. The substance of the charges framed against the accused may be stated thus:
On 21-8-2000 at 4.00 p.m when the victim (PW1) was proceeding from Santhekatte towards Sadhana Clinic, by the side of National High Way (West Coast Road), four persons abducted her in a Maruthi car bearing registration No.KL-134647 and reached Mangalore KSRTC bus stand and thereafter the victim was abducted in an autorickshaw and she was taken through Mangalore City. The accused took victim t
