SHORT NOTE
KARNATAKA HIGH COURT
B. Veerappa and Venkatesh Naik T., JJ.
Rangaraju @ Vajapeyi S/o Kariyanna – Appellant
versus
State of Karnataka – Respondent
Criminal Appeal No.1610 of 2017
Decided on 30.5.2023

IMPORTANT POINTS
(1) Accused cannot be convicted based on recovery made at his instance and based on his voluntary statement, in view of Section 27 of Evidence Act.
(2) Rape – Sexual intercourse on dead body of a woman—Dead body cannot be called as human or person—Essential of guilt of rape consists in outrage to the person and feelings of victim of rape—A dead body has no feelings of outrage—Sexual intercourse on dead body is nothing but necrophilia.

Headnote:

(A) Indian Penal Code, 1860 – Sections 302 and 376 – Murder and rape – Life sentence – Circumstantial evidence – Rape with dead body of victim – Last seen theory set up by prosecution is not proved – Evidence of official witnesses supports case of prosecution – Accused cannot be convicted based on recovery made at his instance and based on his voluntary statement, in view of Section 27 of Evidence Act – Court need not seek corroboration of evidence of a police officer who conducted search – No independent witnesses have supported case of prosecution – However, evidence of police officer cannot be discarded merely because he is a police officer, in absence of hostility to accused – Evidence of doctor and post mortem report clearly depicts homicidal death of deceased – In cross-examination of any of prosecution witnesses, it has not been elicited that accused is of unsound mind – Conviction under circumstantial evidence is permissible – Recovery of blood stained weapon and clothes from house of accused and non-explanation of incriminating circumstances by accused points towards accused – Earlier on three occasions, accused has involved in molestation and attempt to rape – Accused is involved in homicidal death of deceased – Conviction and sentence under Section 302 of IPC affirmed.

(B) Indian Penal Code, 1860 – Section 376 read with Sections 375 and 377 – Rape – Life sentence – Sexual intercourse on dead body of a woman – Dead body cannot be called as human or person – There is no offence committed punishable under Section 376 of IPC – Essential of guilt of rape consists in outrage to the person and feelings of victim of rape – A dead body has no feelings of outrage – Sexual intercourse on dead body is nothing but necrophilia – Necrophilia is a morbid fascination with death and dead and more particularly, erotic attraction to corpses – Accused acquitted under provisions of Section 376 of IPC.

Result: Criminal Appeal allowed in part. Directions issued.