Case Note & Summary
The appellant, Smt. Rajavva, the mother of the victim and the complainant, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 20.06.2022 passed by the II Additional District and Sessions Judge, Dharwad, in Spl. S.C. No.41/2020, whereby the first respondent/accused was acquitted of offences under Sections 363, 376, and 506 of the Indian Penal Code, 1860, and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant contended that the trial court acquitted the accused without examining her, despite her being the first informant and a material witness. The High Court of Karnataka, Dharwad Bench, comprising Hon'ble Mr. Justice Sachin Shankar Magadum and Hon'ble Mr. Justice G Basavaraja, heard the appeal. The court observed that the appellant, being the mother of the victim, falls within the definition of 'victim' under Section 2(wa) Cr.P.C. and thus has a right to appeal against acquittal. The court found that the trial court's failure to examine the complainant, who was a material witness, rendered the acquittal perverse and unsustainable. Consequently, the High Court allowed the appeal, set aside the impugned judgment of acquittal, and remanded the matter back to the trial court for fresh disposal after examining the complainant and any other necessary witnesses. The court directed the trial court to expedite the trial and dispose of the case within six months from the date of receipt of the order.
Headnote
A) Criminal Procedure Code - Victim's Right to Appeal - Section 372 Cr.P.C. - The complainant, being the mother of the victim and the first informant, is a 'victim' under Section 2(wa) Cr.P.C. and has a statutory right to appeal against acquittal under the proviso to Section 372 Cr.P.C. - Held that the appeal is maintainable (Para 1-2). B) POCSO Act - Trial - Non-Examination of Material Witness - Sections 6, 33 POCSO Act, 2012 - The trial court acquitted the accused without examining the complainant/mother, who was a material witness and the first informant - Held that the non-examination of a material witness vitiates the trial and the acquittal is perverse and liable to be set aside (Para 3-4). C) Indian Penal Code - Rape and Kidnapping - Sections 363, 376, 506 IPC - The accused was charged with kidnapping, rape, and criminal intimidation of a minor - The trial court's acquittal was based on incomplete evidence due to non-examination of the complainant - Held that the matter requires retrial for proper adjudication (Para 5).
Issue of Consideration
Whether the trial court's acquittal of the accused for offences under Sections 363, 376, 506 IPC and Section 6 of the POCSO Act is sustainable when the complainant/mother of the victim was not examined as a witness.
Final Decision
The High Court allowed the appeal, set aside the impugned judgment of acquittal dated 20.06.2022 in Spl. S.C. No.41/2020, and remanded the matter to the trial court for fresh disposal after examining the complainant and any other necessary witnesses. The trial court was directed to expedite the trial and dispose of the case within six months from the date of receipt of the order.
Law Points
- Right of victim to appeal against acquittal under Section 372 Cr.P.C.
- Duty of trial court to examine all material witnesses
- Effect of non-examination of complainant on validity of acquittal
