The High Court of Karnataka at Kalaburagi has upheld the acquittal of an individual previously charged with kidnapping and the repeated rape of a minor girl, ruling that the prosecution failed to demonstrate the accused’s guilt beyond a reasonable doubt . The Division Bench , led by Justice Ashok S. Kinagi and Justice Subramanya Rangaroo, determined that the trial court’s initial decision to acquit was based on a thorough examination of the evidence, which pointed to the victim’s maturity and the inconsistencies in the case presented by the state.

The legal proceedings stemmed from an incident reported in September 2023 , after the victim’s parents filed a missing person complaint at the Vijayapura Rural Police Station . Following the investigation, police charged the accused under Section 363 of the Indian Penal Code (IPC) for kidnapping, Section 376(2)(n) for repeated rape, and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 , for aggravated penetrative sexual assault . However, the trial court acquitted the accused in March 2024 , a judgment the state subsequently challenged at the High Court.

Assessing the Victim's Maturity and Agency

Central to the High Court’s affirmation of the acquittal was the evaluation of the victim's capacity to exercise judgment. While school records presented by the prosecution established that the victim was 17 years, three months, and 19 days old at the time of the alleged incident, the Court found that her personal history suggested a high level of worldly experience that contradicted the prosecution 's depiction of a vulnerable minor incapable of understanding the implications of her actions.

Evidence brought forward during the trial revealed that the victim had been involved in previous romantic relationships that ended in financial settlements brokered by elders. The High Court explicitly noted the findings of the trial court, which observed that the victim had previously received significant monetary compensation from another individual after a relationship ended. The Bench emphasized that this pattern of behavior indicated that the victim possessed the maturity to distinguish between right and wrong. As noted in the judgment: “The facts clearly shows that the victim girl has enough worldly knowledge and she is in the habit of having love affairs and extracting money.”

The Court observed that the victim’s interaction with the accused appeared consistent with these prior patterns, suggesting a level of agency that weakened the allegations of kidnapping or forced sexual assault. By demonstrating that the victim acted with sufficient understanding, the trial court had established that the prosecution failed to meet the high burden of proof required to secure a conviction under the POCSO Act.

Examining the Prosecution’s Evidence and Procedures

The High Court scrutinized the evidentiary chain submitted by the state and found it insufficient to disturb the trial court's conclusion. Specifically, the Court noted that the panch witnesses intended to corroborate the prosecution 's claims regarding the crime scenes had failed to support the case. The lack of reliable independent testimony, combined with a significant delay in reporting the incident to the police, severely undermined the credibility of the accusations.

Furthermore, the appellate judges observed that the prosecution ’s reliance on the victim’s testimony alone was not enough to substantiate the charges when that testimony did not inspire confidence in the light of external facts. The High Court agreed with the trial court’s finding that the delay in filing the initial complaint—three days after the victim was reported missing—proved fatal to the prosecution ’s narrative. The trial court had meticulously cataloged the gaps in the investigation, ranging from the non-supportive testimony of panch witnesses to the failure of the investigating officers to link the evidence directly to a coerced act. Consequently, the High Court determined that the original acquittal was not arbitrary but rather a well-reasoned conclusion based on a comprehensive assessment of the trial record.

Appellate Principles in Criminal Acquittal Cases

In its ruling, the High Court reaffirmed the established legal doctrine that an appellate court must exercise restraint when considering a challenge to an acquittal . Justice Kinagi, writing for the Division Bench , cited the Supreme Court’s decision in Jafarudheen and others v. State of Kerala , which underscores that a trial court’s acquittal order strengthens the presumption of innocence in favor of the accused.

The appellate process, the High Court explained, is not intended to re-try the case but to determine if the lower court's reasoning was plausible. When the evidence has already been analyzed and a logical conclusion reached by the trial court, the appellate court should be “relatively slow” in reversing such an order. “While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC , the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one,” the Bench stated.

Because the state failed to identify any manifest error or failure of justice in the trial court’s assessment, the High Court held that the " double presumption " of innocence—which is further fortified by an acquittal —remained undisturbed. The prosecution ’s argument, which relied heavily on the statutory presumption of guilt found in Section 29 of the POCSO Act , was deemed insufficient in the absence of a basic foundation of evidence that would trigger such a presumption in the first place.

Ultimately, the High Court dismissed the state’s appeal, confirming the acquittal granted by the Additional Sessions Judge at the Fast Track Special Court-I in Vijayapura. The High Court further directed the High Court Legal Services Committee at the Kalaburagi Bench to pay an honorarium of ₹10,000 to the Amicus Curiae who represented the respondent, thereby concluding the matter. The decision leaves the original judgment of acquittal in full effect, marking the end of the current litigation in this specific case.