Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Suresh S/o Nagaraja – Appellant
Versus
State By Yeshwanthapura Police Station Bangalore – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3 , 4 , 11 , 12 , 13) |
| 2. court's analysis of evidence (Para 5 , 8 , 9 , 10 , 17 , 18) |
| 3. arguments regarding trial court's judgment (Para 6 , 7) |
| 4. failure of prosecution to prove guilt (Para 19) |
| 5. final conclusion and order (Para 20) |
JUDGMENT :
G.BASAVARAJA, J.
The appellant has preferred this appeal against the judgment of conviction and order on sentence passed by the Presiding Officer, FTC-XVI, Bangalore City in SC No. 921/2021 dated 15.03.2013.
2. Parties are referred to as per their ranking before the Trial Court.
3. Brief facts leading to filing of this appeal is that Sub-Inspector of Police, Yeshwanthapura submitted the charge sheet of the accused for the offence punishable under Sections 376 , 417 IPC . It is alleged by the prosecution that on 20.02.2012 the accused by making CW1 -Ranjitha believe that he would marry her and had sexual intercourse with her and later refused to marry her and thereby he has cheated her and committed the offence punishable under Section 417 of . That on 20.02.2012 the accused took CW1- Ranjitha to his house situated at No.12, Akkiyappa Garden, 8th Cross, 2nd Main, Mohankumar Nagar, Yeshwanthp
The prosecution failed to prove the accused's guilt beyond reasonable doubt due to inconsistent testimony and an unexplained delay in filing the complaint, resulting in the reversal of the conviction....
The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.
The prosecution failed to prove the accused's guilt beyond a reasonable doubt, given the significant delay in filing the complaint and lack of corroborative evidence.
The main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
The conviction for rape under Section 376 IPC was overturned due to insufficient evidence of lack of consent and significant doubts raised by the circumstantial evidence.
Consent in sexual relations must be informed and voluntary; mere promise of marriage does not constitute grounds for rape if the relationship is consensual.
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
The court found insufficient evidence to support a conviction for rape under Section 376 IPC, emphasizing that absence of injuries and contradictions in victim testimony critical to the case undermin....
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
