Appeals and Sentencing
Subject : Litigation - Criminal Law
Bengaluru, India – The Karnataka High Court has directed the Special Investigation Team (SIT) to formally state its objections to a plea by Prajwal Revanna, who is seeking the suspension of his life imprisonment sentence and his release on bail. The application is an interim measure within his larger criminal appeal challenging the conviction and sentence handed down by a Bengaluru sessions court in a high-profile rape case.
A division bench comprising Justice K.S. Mudagal and Justice Venkatesh Naik T, while hearing Criminal Appeal No. 1977/2025, has scheduled the next hearing for November 13. The court has asked the prosecution to file its statement of objections, providing the SIT with time to formulate its response to the convict's application for interim relief.
The case stems from a conviction by the Additional City Civil and Sessions Judge, Santhosh Gajanan Bhat, who on August 2 sentenced Revanna to life imprisonment. The conviction followed the framing of charges on April 3 under a litany of serious penal provisions, including Sections 376(2)(k) (rape by a person in a position of dominance), 376(2)(n) (repeated rape), 354(A) (sexual harassment), 354(B) (assault with intent to disrobe), 354(C) (voyeurism), 506 (criminal intimidation), and 201 (causing disappearance of evidence) of the Indian Penal Code, along with Section 66(e) of the Information Technology Act.
During the proceedings on Tuesday, Senior Advocate Sidharth Luthra, appearing for the appellant Prajwal Revanna, urged the court to direct the prosecution to furnish their objections well in advance of the next hearing, requesting a week's time for the defense to review them. Special Public Prosecutor Professor Ravivarma Kumar, representing the SIT, acknowledged the direction and sought time to file the necessary objections.
Prajwal Revanna's appeal memorandum mounts a multi-pronged attack on the trial court's judgment. A central contention is that the entire investigation and prosecution were vitiated by political motives aimed at destroying his reputation.
"In his appeal, Prajwal contends that the SIT was under political pressure to tarnish his reputation," the source material notes, highlighting a key defense strategy.
The appeal further assails the credibility of the complainant's account by pointing to a significant delay of over three years in lodging the complaint. The defense argues that this delay is "unnatural" and indicative of a false narrative. The appeal memorandum posits that if the complainant had genuinely endured the alleged traumatic ordeal, she would have confided in someone she trusted much sooner.
Furthermore, Revanna's appeal claims that a meticulous examination of the evidence on record reveals a concerted effort by the prosecution to "concoct and fabricate" its case against him. This line of argument suggests that the defense will seek to deconstruct the entire evidentiary framework established by the SIT during the trial, challenging both oral testimonies and documentary evidence.
The foundation of the SIT's case rests on the testimony of the victim, who was employed as a domestic help at a farmhouse owned by the Revanna family. According to the prosecution, the series of sexual assaults began in 2021 during the nationwide COVID-19 lockdown. It is alleged that Prajwal Revanna repeatedly raped the victim at various locations, and critically, filmed the acts of assault.
The prosecution's narrative further contends that these recordings were weaponized against the victim. Revanna allegedly used the videos as a tool of intimidation, threatening to release them publicly to ensure her silence and prevent her from approaching law enforcement. This element of coercion was crucial in securing the conviction under Section 506 (criminal intimidation) and explains the prosecution's counter-argument to the defense's point about the delay in filing the complaint. The charge under Section 66(e) of the IT Act directly relates to the clandestine filming of the assaults.
The immediate legal battle is centered on the application for suspension of sentence. The High Court will have to balance the presumption of innocence, which is weakened post-conviction, against the gravity of the offenses, the evidence presented at trial, and the risk of the appellant absconding or tampering with evidence.
The defense's arguments of political motivation and fabrication will likely be presented to argue that the appeal has a strong prima facie case, a key consideration for granting bail pending appeal. Conversely, the SIT will emphasize the severity of the charges, particularly rape by a person in a dominant position and repeated rape, and the trial court's detailed findings to argue against any interim relief. The fact that the SIT is investigating two other cases against Revanna, who is currently in judicial custody, will also be a significant factor in the prosecution's arguments.
Prajwal Revanna was arrested on May 30 of the previous year upon his arrival at Bengaluru's Kempegowda International Airport from Germany, following a period abroad that attracted significant media and political attention. As the High Court prepares to hear the arguments on the suspension of his sentence on November 13, the legal community will be closely watching how the bench weighs the detailed conviction against the serious allegations of a politically motivated prosecution.
#CriminalAppeal #SuspensionOfSentence #KarnatakaHighCourt
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