Conviction can be founded on the testimony of the victim of sexual assault alone, unless there are compelling reasons for seeking corroboration. The evidence of the victim is more reliable than that of an injured witness.

Headnote:
Kidnapping - Protection of Children from Sexual Offences Act - Section 6, Indian Penal Code - Sections 344, 366
Fact of the Case:

The victim, a minor girl, was kidnapped and confined by the accused, who also committed sexual assault on her. The accused challenged the judgment and order of conviction and sentence, claiming innocence and disputing the evidence presented.
Finding of the Court:

The court found the victim to be a minor at the time of the incident and upheld the conviction of the accused based on the victim's testimony, medical evidence, and corroborating witness statements. The court rejected the appeals and confirmed the judgment and sentence imposed by the trial court.
Issues: 1. Proof of kidnapping and confinement of the minor girl by the accused. 2. Validity of the judgment and order of conviction and sentence imposed against the accused. 3. Rebuttal of the presumption under Section 30 of the Act regarding the culpable mental state of the accused.
Ratio Decidendi: The court relied on the victim's testimony, medical evidence, and witness statements to establish the guilt of the accused. The court also applied the presumption under Section 30 of the Act regarding the culpable mental state of the accused for the commission of the offence.
Final Decision: The appeals filed by the accused were dismissed, and the judgment and order of conviction and sentence were confirmed. The period of detention, if any, undergone by the accused was set off. Bail bonds of accused Nos.4 and 5 were cancelled, and they were directed to appear before the trial court to undergo the rest of the period of detention as imposed in the judgment.

JUDGMENT :

Bellunke A.S., J.

These two appeals in Crl.A.No.100002/2018 and Crl.A.No.100201/2016 have been filed by accused No.1 and accused No.4 and 5 respectively against the judgment and order of conviction and sentence dated 27.05.2016 passed by the II Additional District and Sessions & Special Judge, at Dharwad in Spl.S.C.No.20/2014.

2. Accused No.1 is sentenced to undergo simple imprisonment for 10 years for the offence punishable under section 6 of the Protection of Children from Sexual Offences Act and to pay fine of Rs.10,000/- in default to undergo simple imprisonment for one year, sentenced to undergo simple imprisonment for two years for the offence punishable under Section 344 of IPC and to pay fine of Rs.2,000/- in default, to undergo simple imprisonment for one month and further sentenced to undergo simple imprisonment for 5 years for the offence punishable under Section 366 of IPC and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for 6 months.

3. Accused Nos.4 and 5 are sentenced to undergo simple imprisonment for one year for the offence punishable under Section 344 of IPC and shall pay fine of Rs.2,000/- each, in default, to undergo simple imprisonment for one month and further sentenced to undergo simple imprisonment for two years for the offence punishable under section 366 of IPC and to pay fine of Rs.5,000/- each, in default, to undergo simple imprisonment for two months.

4. Brief facts for the purpose of these two appeals are as under:

The victim girl PW.2 is the daughter of complainant PW.1. According to the PW1-the complainant, that on 08.05.2014 at 7.30 p.m., her daughter had gone to a shop to bring chips and milk from nearby shop, but she did not return to house for about half an hour. Therefore, the complainant came out of the house to search her daughter. At that time some boys told her that her daughter went in an Auto Rickshaw. In-spite of enquiry in the said locality her daughter was not traced. According to PW.1 the complainant, prior to the said incident accused No.1 who is residing near the house of the complainant was having love on PW.2 victim girl and he insisting that he was asking the complainant to perform her marriage with him. But the complainant told that, she is not marriageable age and after attaining marriageable age she will consider his request. Therefore the complainant PW.1 suspected on accused No.1 and she lodged a complaint before the jurisdictional police immediately next day of the incident i.e., on 09.04.2014 at Ex.P.1. On the basis of the said complaint, the crime came to be register for the offence punishable under Section 366 of IPC. FIR came to be prepared at Ex.P.24, spot panchanama has been conducted as per Ex.P2 and sketch of scene of offence was also drawn.

5. During the course of investigation it was revealed that, accused No.1 with the help of other accused Nos.2, 4, 5, 8 and 9 had conspired together and kidnapped minor girl PW.2 in a car brought by accused No.4 and 5. All the accused i.e., accused Nos.1, 2, 4, 5, 8 and 9 took her to Vishwanathhalli of Holalkere Taluk and kept her in a rented house of one Shanmukhappa. Minor girl was confined in the said house. Accused No.1 and victim girl were stayed together for more than one month in the said house. Accused No.1 committed rape and aggravated penetrative sexual assault on the victim girl, in-spite of her resistance. Accused No.2 also committed sexual assault on the victim girl by touching her body and kissing her. All these acts were done by the accused with a common intention to grab the property of the complainant. Therefore, they kidnapped the victim girl seduced and committed sexual assault on her. All these facts were discovered after tracing of the victim girl and as well as accused No.1. During investigation, the investigation officer collected information regarding stay of victim girl and accused Nos.1 and 2 at Vishwanathahalli. Thereafter the accused were also arrested during the cours

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2019 Supreme(Kar) 1314

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCHBellunke A.S., J.Manjunath @ Sanju - AppellantVs.State Of Karnataka, (Sub-Urban Police Station, Dharwad) R/BY Its S.P.P. - RespondentCriminal Appeal No. 100002 of 2018, 100201 of 2016Decided On : 06-06-2019

Conviction can be founded on the testimony of the victim of sexual assault alone, unless there are compelling reasons for seeking corroboration. The evidence of the victim is more reliable than that of an injured witness.

Cases Referred (2)

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
Bellunke A.S., J.
Manjunath @ Sanju - Appellant
Vs.
State Of Karnataka, (Sub-Urban Police Station, Dharwad) R/BY Its S.P.P. - Respondent
Criminal Appeal No. 100002 of 2018, 100201 of 2016
Decided On : 06-06-2019