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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Somashekar, S/o. Krishnappa – Appellant
Versus
State Of Karnataka, Rep. By Station House Officer, Pathapalya Police Station, Pathapalya, Rep. By State Public Prosecutor High Court Of Karnataka, Bengaluru – Respondent
| Table of Content |
|---|
| 1. scholarship of conviction and sentence. (Para 2 , 3 , 4 , 5) |
| 2. arguments against lawful custody and trial. (Para 6 , 7 , 8) |
| 3. scope of revisional powers in convictions. (Para 10 , 11 , 12) |
| 4. evaluation of evidence related to escape. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. dismissal of criminal revision petition. (Para 22) |
ORDER :
H.P. SANDESH, J.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. This revision petition is filed praying this Court to set aside the impugned judgment and order of sentence dated 09.06.2014 passed in C.C.No.135/2013 on the file of the Civil Judge and J.M.F.C., Bagepalli and judgment dated 31.12.2016 in Crl.A.No.37/2014 on the file of I Additional District and Sessions Judge, Chikkaballapur in confirming the judgment of conviction and sentence.
3. The factual matrix of the case of the prosecution before the Trial Court is that on 09.04.2012, P.W.1-Sadappa filed the complaint which is marked as Ex.P1. In the said complaint at Ex.P1, an allegation is made that on 07.04.2012 at about 8.30 p.m., P.W.1-Sadappa, Assistant Sub-Inspector of Police, Pathapalya Police St
The court affirmed that intentional escape from lawful custody constitutes a serious offence under IPC Section 224, overriding claims of unlawful detention and complaint delays.
Lawful custody and intention in escape definitions under IPC clarified, emphasizing voluntary nature of escape versus forcible rescue.
The prosecution must establish lawful custody for a conviction under Section 224 of the IPC; absence of evidence leads to acquittal.
The sufficiency of evidence for conviction, the validity of identification procedures, and the admissibility of confessions were the central legal points established in the judgment.
Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of qua....
The main legal point established in the judgment is the court's reliance on witness testimonies, consideration of defense evidence, and rejection of the plea of false implication in upholding the con....
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