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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Mohammad Nawaz, J.
G.K.Lokesh, S/O Kushalappa - Appellant
Versus
The State Of Karnataka, By Circle Inspector Of Police – Respondent
Criminal Appeal No.84 of 2018
Decided On : 11-02-2022
IPC - Sexual Assault - Sections 506, 376 - Arms Act, 1959 - Section 3, 25(1B)
Fact of the Case:
The accused was convicted for sexual assault and possession of arms based on the victim's testimony and her son's eyewitness account. The accused appealed the judgment, claiming innocence.
Finding of the Court:
The court found the victim's testimony unconvincing and lacking corroboration. It noted discrepancies in her statements and the lack of incriminating evidence on the accused's mobile phone. The court concluded that the prosecution failed to establish guilt beyond reasonable doubt.
Issues: Credibility of victim's testimony, Corroboration of evidence, Presence of incriminating evidence
Ratio Decidendi: Conviction based on sole testimony of victim requires corroboration. Lack of incriminating evidence and discrepancies in victim's statements cast doubt on her testimony.
Final Decision: The appeal was allowed, and the accused was acquitted of all charges.
JUDGMENT :
Assailing the judgment and order dated 09.01.2018 passed by the Court of the III Additional District and Sessions Judge, Kodagu, at Madikeri, in S.C.No.37/2014 convicting and sentencing the accused/appellant for offences punishable under Sections 506 and 376 of IPC and Section 3 read with Section 25(1B) of the Arms Act, 1959, the accused has preferred this appeal.
2. I have heard the learned counsel for appellant, the learned High Court Government Pleader for respondent/State and perused the material on record.
3. Brief facts of the prosecution case are as under:
The victim/first informant (PW-1) is a resident of Garwale village in Somwarpet taluk, Kodagu district. Accused was sending messages from his mobile phone to the mobile phone of the victim. Initially, he used to send decent messages to her. Thereafter, he started sending vulgar messages. He got deleted the messages sent by him and preserved the messages received from the victim and started threatening her saying that if she did not listen to him, he will inform the matter to her husband and also kill her. On 30.07.2013 at about 9.30 p.m., when the victim was in her house along with her son (PW-8), accused entered her house from the back door, holding a gun. He threatened her showing the gun and dragged her to the front room of the house and pushed her on the cot and committed forcible sexual intercourse with her.
4. Complaint was lodged by the victim as per Ex.P.1. The PSI of Somwarpet police station, (PW13) registered the case and issued FIR/Ex.P.13 to the jurisdictional Magistrate. Accused was arrested and produced before the CPI/PW-14. The voluntary statement of the accused was recorded as per Ex.P.15. Spot mahazar and rough sketch were prepared as per Ex.P.2 and Ex.P.16. The gun (M.O.2) was seized at the instance of the accused under Ex.P.3. The mobile phone (M.O.1) belonging to the victim/PW-1 to which the accused was sending messages was seized under Ex.P.5. The victim was referred for medical examination and she was examined by PW-11, who collected the specimens which were sent for chemical analysis. After receipt of the RFSL report marked as Ex.P.11, PW-11 gave opinion as per Ex.P.12. Further investigation was taken over by CPI/PW-15. After receipt of the report/Ex.P.11 and opinion from the doctor marked as Ex.P.12, he filed charge-sheet.
5. Charges were framed against the accused for offences punishable under Sections 506 and 376 of IPC and Sections 3 and 27 of the Arms Act.
6. To establish the guilt of the accused, prosecution got examined PWs-1 to 15 and got marked Ex.P.1 to Ex.P.16 and M.Os.1 and 2.
7. The accused denied the incriminating evidence appeared against him, while recording his statement under Section 313 of Cr.P.C. However, he did not lead any evidence on his behalf.
8. The learned Sessions Judge convicted the accused for the offences punishable under Sections 506 and 376 of IPC and Section 3 read with Section 25(1B) of the Arms Act. The accused was acquitted of the offence punishable under Section 27 of the Arms Act, 1959.
9. Amongst the prosecution witnesses, PWs3, 4 and 9 have completely turned hostile and PWs-2 and 5 are treated partly hostile. The prosecution has mainly relied on the evidence of PW-1 (victim), PWs-7, 8 and 10 to prove the charges leveled against the accused.
10. It is the specific case of the prosecution that the accused was sending messages to PW-1 from his mobile phone to her mobile phone and initially, he was sending decent messages and thereafter, started sending vulgar messages. He retained the messages sent by the victim and started threatening her saying that he will inform the matter to her husband, if she did not listen to him. On 30.07.2013 at about 9.30 p.m., he went to the house of victim holding a gun belonging to his father and entered the house from the back door and by showing the gun to the victim, threatened her and dragged her into the front room of the house and committed rape on her.
11. PW-1 has depose
AI
Point of law: POCSO Act - Testimony of the victim and her mother PW1 does not inspire confidence in the mind of the Court to hold accused guilty of the alleged offence- while appreciating the evidenc....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
Testimony of minor victim can be the basis for conviction despite medical evidence not supporting the claim.
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
The absence of physical resistance does not imply consent in cases of familial rape, where trust is exploited, and corroborative evidence is crucial for conviction.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
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