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2024 Supreme(Online)(KAR) 19485
HIGH COURT OF KARNATAKA
MR JUSTICE RAMACHANDRA D. HUDDAR, J
RAMANNA S/O TIRKAPPA YERIMANI – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.RP 100188/2017
SRI. A.M. GUNDAWADE, SRI. ASHOK KATTIMANI
The court affirmed the conviction of the accused for assault and outraging modesty, emphasizing the credibility of eyewitness testimony despite their familial ties.
Headnote:(A) Indian Penal Code, 1860 - Sections 341, 323, 324, 354, 427, 143, 147, 148, 504, 506, read with Section 149 - Conviction and sentencing of accused No.1 affirmed - Accused No.1 found guilty of assaulting the complainant and his family, including outraging the modesty of a woman - Evidence of eyewitnesses corroborated the prosecution's case. (Paras 10, 12, 16, 34)
(B) Legal Standards - The evidence of relatives should not be disbelieved solely on the basis of their relationship if it is credible and trustworthy. (Paras 26, 27)
(C) Burden of Proof - The prosecution must prove the guilt of the accused beyond reasonable doubt, especially in cases involving allegations of assault against women. (Paras 28, 34)
Facts of the case:
The petitioner was convicted for assaulting the complainant and his family members, including an incident where he allegedly attempted to outrage the modesty of the complainant's sister. (Paras 2.1, 12, 14)
Findings of Court:
The evidence presented by eyewitnesses established the guilt of the accused No.1, leading to the affirmation of the conviction and sentencing by both the Trial Court and the First Appellate Court. (Paras 34, 36)
Issues: Whether the judgments of conviction and sentence against accused No.1 suffer from illegality or perversity. (Paras 10)
Ratio Decidendi: The court held that the prosecution successfully established the guilt of the accused based on the consistent testimonies of the eyewitnesses, and the judgments of lower courts were justified. (Paras 34)
Result: Revision petition dismissed; conviction and sentence upheld.
OF CONVICTION AND ORDER OF SENTENCE AND JUDGMENT OF ACQUITTAL IN FAVOUR OF PETITIONER BY SETTING ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE PASSED BY THE CIVIL JUDGE AND J.M.F.C COURT SAVANUR, DATED 18-02-2015 IN C.C.NO.04/2013 AND ALSO SETTING ASIDE THE AND SESSIONS JUDGE HEVERI, IN CRL.A.NO.25/2015 DATED 22.06.2017. R Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA THIS PETITION HAVING BEEN HEARD AND RESERVED ON 11.03.2024, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, RAMACHANDRA D. HUDDAR, J., MADE THE FOLLOWING: ORDER Petitioner/accused No.1
has filed this petition challenging the judgment of his conviction and order of sentence passed in Criminal Appeal Nos.25/2015 and 52/2015 dated 22.06.2017 by the Principal District and Sessions Judge, Haveri (for short the ‘First Appellate Court’), finding him guilty of committing the offences under Sections 341 , 323, 324, 354 and 427 of the Indian Penal Code , 1860 (for short ‘IPC') by confirming the judgment of his conviction and order of sentence passed in C.C. No.4/2013 dated 18.02.2015 by the Civil Judge and JMFC, Savanur (for short the ‘Trial Court’).
Brief and relevant facts leading up to this revision petition are as under:
2. That, accused Nos.1 to 8 so arrayed as accused in the aforesaid C.C.No.4/2013 were charge sheeted by the Police Inspector, Savanur Police Station for the offences punishable under Sections 143 , 147, 148, 323, 324, 341, 354, 427, 504 and 506 read with Section 149 of IPC. Amongst accused Nos.1 to 8, accused No.7 was the Juvenile offender who was charge sheeted before the Juvenile Justice Board.
2.1. It is the case of the prosecution that, one Nagaraj Manjappa Jambur resident of the address so stated in the complaint submitted a complaint at 4.30 p.m. on 17.05.2012 by appearing before the Police Inspector, Savanur Police Station stating that, he is the resident of Hosamugalgeri village in Shikaripura Taluk. On 17.05.2012 himself and his family members were travelling towards Huralikuppi village to leave his brother’s wife Roopa for the purpose of delivery. All were travelling in Maruti Omni car bearing registration No.KA-15/M-4319. In the said car himself, his brother’s wife Roopa, his sister Lata W/o.
Siddhalingappa Lakkannavar initially came to Hangal.
From Hangal they picked his another sister Nagaratna @ Ratna W/o. Parshuram Kulumiyellaour resident of Mantagi, Taluk Hangal and her husband Parshuram. They all came to Huralikuppi village.
2.2. It is alleged that on 17.05.2012 at 8.00 a.m. one Mr. Ramanna resident of Huralikuppi village i.e., accused No.1 came to complainant’s sister-in-law’s house and asked them stating that, why they have got married a daughter from the baster’s house and abused them as ‘basters’ and went away. When complainant and his family members enquired with the family members of Roopa stating that why he abused and went away, it was told to them that, the said accused No.1 was having illicit relationship with one Renuka a relative of the said Roopa and as she is not in the village, therefore he was under the impression that the said Renuka is with the family of the complainant therefore, accused No.1 came and abused in filthy language.
2.3. It is further alleged that, at 1.30 p.m. complainant and his sisters and husband of his sister were returning to their village in Maruti Omni car. After crossing Huralikuppi village, one Manjunath Ramanna Yerimani and another Udachappa Ganeshappa Kalakoti resident of Huralikuppi came and stoped the said car. The inmates of the car enquired that, why they have stopped the car. Both of them peeped into the windows of the vehicle and telephoned to somebody stating that, she is not there. Thereafter, they asked them to go. When they started moving towards their village, accused No.1 followed them on his motorcycle with pillion rider, overtook the car and went ahead to the extent of 2 k.ms. When the said car reached near Kurubaramallur plot, it was not
