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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
R. NATARAJ, RAJESH RAI K.
State of Karnataka – Appellant
Versus
Mallikarjun S/o Somawwa Harijan – Respondent
JUDGMENT :
RAJESH RAI K., J.
1. The State has preferred this appeal against the judgment passed in Sessions Case No.42/2016 dated 21.06.2022 by the Principal District and Sessions Judge, Koppal (hereinafter referred to as ‘learned Sessions Judge’) acquitting the accused-respondents for the offences punishable under Sections 363 , 120B, 302 and 201 of the INDIAN PENAL CODE 1860 (for short ‘IPC’).
2. The prosecution case, briefly stated, is that, respondent No.1 i.e., accused No.1 took the deceased (Kariyappa) on his motorcycle on 25.11.2015 at 06:30 pm from Budihal village for a drink. Thereafter, the deceased did not return and his phone was not reachable. Therefore, the complainant-PW.2-brother of the deceased, visited the house of accused No.1 to enquire about his brother. However, the family members of accused No.1 informed that accused No.1 had not returned to the house and his mobile phone was also switched off. Hence, the complainant made efforts to search his brother; but failed to trace him. Subsequent thereto on 30.11.2015, PW.2 lodged a complaint-Ex.P.2 before the Alwandi Police alleging that the accused No.1 had kidnapped the deceased. On the strength of Ex.P.2, the Police
The prosecution bears the burden to prove guilt beyond reasonable doubt in homicide cases, particularly when relying on circumstantial evidence.
In criminal appeals, the prosecution must prove guilt beyond reasonable doubt through a complete chain of circumstantial evidence, especially where direct evidence is absent, reinforcing a presumptio....
The prosecution failed to prove the guilt of the accused beyond reasonable doubt, leading to the upholding of the acquittal.
The appeal against acquittal was dismissed as the prosecution failed to establish a clear circumstantial chain of evidence, reinforcing the principle that acquittal enhances the presumption of innoce....
In criminal jurisprudence, an accused cannot be convicted unless guilt is established beyond reasonable doubt; significant contradictions in evidence favor acquittal.
The court reinforced that in criminal appeals, the onus is on the prosecution to establish guilt beyond reasonable doubt, especially when relying on circumstantial evidence.
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
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