Case Note & Summary
The appellant, Sri Subramani, was convicted by the II Additional District and Sessions Judge, Kolar on 02.11.2018 in S.C.No.21/2017 for offences punishable under Sections 363 and 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He appealed against the conviction under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.). The prosecution case was that on 24.11.2016, the victim, a minor girl, went to school and later went missing. Her mother, Roopamma (PW1), filed a complaint (Ex.P1). During investigation, the victim was traced and handed over to Kolar Rural Police. The trial court convicted the appellant based on the victim's testimony and other evidence. The High Court heard the appeal and examined the evidence. The court found that the victim's testimony was inconsistent and unreliable. The medical evidence did not support the allegation of rape. There was no independent corroboration of the prosecution case. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Rape and Kidnapping - Sections 363, 376 IPC, Section 6 POCSO Act - Benefit of Doubt - Appeal against conviction for kidnapping and rape of a minor - Victim's testimony found inconsistent and unreliable; medical evidence did not support rape; no independent corroboration - Held that prosecution failed to prove guilt beyond reasonable doubt, conviction set aside (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 363 and 376 of IPC and Section 6 of POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment of conviction and order of sentence dated 02.11.2018 passed by the II Additional Sessions Judge, Kolar in S.C.No.21/2017 is set aside. The appellant/accused is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of corroboration
- Age determination
- POCSO Act
- Rape
- Kidnapping
