R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH 2026 PRESENT THE HON’BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL No. 824 OF 2023 BETWEEN:

1. MOHAN NAIK S/O GOVINDA NAIK, NOW AGED ABOUT 23 YEARS, R/O AMMANAPURA, AVVERAHALLI POST, KAILANCH HOBLI, RAMANAGARA TALUK.

RAMANAGARA DISTRICT-562159 [Now in Judicial Custody]

2. APPU NAIK S/O VINOD KUMAR, NOW AGED ABOUT 23 YEARS, R/O AMMANAPURA, AVVERAHALLI POST, KAILANCH HOBLI, RAMANAGARA TALUK.

RAMANAGARA DISTRICT-562159 [Now in Judicial Custody]

…APPELLANTS (BY SRI K.A. CHANDRASHEKARA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE STATION RAMANAGARA-562159.

REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001.

2. M/S. GOWRI BAI W/O MANJU NAIK R/O AMMANAPURA AVVVERAHALLI POST KAILANCH HOBLI, RAMANAGARA TALUK.

RAMANAGARA DISTRICT-562159 AMENDED AS PER ORDER DATED 29.07.2025 …RESPONDENT (BY SRI B. LAKSHMAN, HCGP FOR R1;

R2 SERVED, UNREPRESETED)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 28-03-2023/31-03-2023 PASSED IN S.C. NO.26/2022 BY THE III ADDL., DISTRICT AND SESSIONS JUDGE RAMANAGARA CONVICTING THE APPELLANTS HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376-D IPC; AND ETC.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED ON 18.02.2026, COMING ON FOR ‘PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CAV JUDGMENT

1. The appellants prefer this appeal under Section 374(2) of the Code of Criminal Procedure, aggrieved by the judgment of conviction and order on sentence dated 28^th/31^st March, 2023, passed in SC No.26 of 2022 by the III Additional District and Sessions Judge, Ramanagara convicting the appellants for the offence under sections 376-D IPC and sentenced them to undergo 25 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- each in default of payment of fine, to undergo simple imprisonment for one year.

2. In the present judgment, I would like to withhold the name of the victim lady in view of the provisions of Section 228A IPC and in pursuance of the observations of Hon'ble Supreme Court in STATE OF HIMACHAL PRADESH v. SHREE KANTH SHEKARI (AIR 2004 SC 4404). The prosecutrix hereinafter referred to as "the victim”.

3. The facts, as unfolded by the prosecution, in short conspectus, is that on 16.06.2021 at about 5.30 p.m., the accused Nos.1 and 2 are alleged to have visited the house of C.W.1, the victim. It is the case of the prosecution that the accused were under the influence of alcohol at the relevant point of time, immediately upon entering the house, they are stated to have bolted the main door from inside and closed the windows, thereby preventing any possibility of outside intervention. Both the accused, having common intention, committed forcible sexual intercourse upon the victim one after the other, thereby attracting the offence punishable under Section 376D of the Indian Penal Code. Further, the accused attempted to strangulate the victim, thereby causing injuries and committing an act amounting to an offence punishable under Section 307 of the Indian Penal Code.

4. During the course of investigation, the statement of the victim was recorded under Section 164 of the Code of Criminal Procedure before the jurisdictional Magistrate on 21.06.2021. The accused were apprehended and remanded to judicial custody. Upon completion of investigation, the Investigating Officer laid the charge sheet before the Court of the Principal Senior Civil Judge and Chief Judicial Magistrate, Ramanagara, which, after taking cognizance of the offences, committed the matter to the Court of Sessions by order dated 08.02.2022. Upon receipt of the committal records, the Sessions Court secured the presence of the accused and, after hearing both sides, framed charges against accused Nos.1 and 2 for the offences punishable under Sections

376D and 307 of the Indian Penal Code on 17.11