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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G BASAVARAJA
Kadamban, S/o. Pacchiyappan – Appellant
Versus
State Of Karnataka, Through Bellavai Police Station, Represented By The State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defense arguments contesting charges (Para 7 , 8 , 9 , 10 , 11) |
| 3. consideration of consent and age (Para 15 , 16 , 17 , 20) |
| 4. application of retrospective laws (Para 19 , 21 , 28) |
| 5. conclusion and judgment reversal (Para 30 , 31) |
JUDGMENT :
G. BASAVARAJA, J.
1. Feeling aggrieved and dissatisfied with the judgment of conviction and order of sentence dated 28th June, 2014 passed by the Principal District & Sessions Judge, Tumkur in SC.No.274 of 2012 for the offence punishable under Sections 366A and 376 of IPC , accused has preferred this appeal.
2. The brief facts of the prosecution case are that one Bhagyamma wife of Papanna, a resident of Narasapura village, Kasaba Hobli, Tumkur Taluk, lodged a complaint before the Sub-Inspector of Police, Bellavi Police Station, stating that her daughter who was studying in II PUC, had gone missing from her house at about 4:00 a.m. on 31st May, 2011. Based on the said complaint, a case was registered in Crime No.57 of 2011 on 03rd June, 2011. Subsequently, the same complainant lodged another complaint on 09th June, 2011 after tracing her daughter along with one person
The court acquitted the accused of kidnapping and rape due to lack of evidence proving absence of consent, establishing that retrospective application of law violates constitutional safeguards.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
Rape – Consent of minor has no legal sanctity.
The prosecution must prove charges beyond reasonable doubt, and the lack of evidence can result in acquittal.
The prosecution must prove specific intent for abduction under Section 366 IPC; failure to do so results in the acquittal of sexual assault charges.
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
Conviction for rape cannot be sustained where no signs of sexual intercourse is seen in victim’s body.
Retrospective application of amended laws increasing penalties violates constitutional protections; original sentence modified to align with laws in effect at the time of the offence.
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