Case Note & Summary
The State of Karnataka filed an appeal under Section 378(1) and (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 09.04.2018 passed by the I-Addl. District and Sessions Judge, Ramanagara in Spl.Case No.97/2014 and Spl.Case No.101/2015. The trial court had acquitted the respondents/accused for offences punishable under Sections 366-A, 114 read with Section 149 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The case arose from an incident involving the alleged kidnapping and sexual assault of a minor girl. During the pendency of the appeal, accused No.1/Yogesha M.N. died, and the appeal against him abated under Section 394(2) Cr.P.C. The High Court, after hearing the learned HCGP for the State, found that the trial court's acquittal was based on a proper appreciation of evidence. The victim's testimony was inconsistent and lacked corroboration, and the prosecution failed to prove its case beyond reasonable doubt. The court held that in an appeal against acquittal, the High Court will not interfere unless the findings are perverse or unreasonable. The presumption of innocence in favour of the accused is strengthened by acquittal. Consequently, the appeal was dismissed, and the acquittal of the remaining accused was confirmed.
Headnote
A) Criminal Appeal - Appeal against acquittal - Section 378 Cr.P.C. - Standard of review - The High Court in an appeal against acquittal will not interfere unless the findings are perverse or unreasonable. The presumption of innocence in favour of the accused is strengthened by acquittal. (Paras 1-4) B) POCSO Act - Sexual assault - Section 6 POCSO Act - Aggravated penetrative sexual assault - The prosecution failed to prove the case beyond reasonable doubt as the victim's testimony was inconsistent and lacked corroboration. The trial court's acquittal was upheld. (Paras 2-4) C) IPC - Kidnapping - Section 366-A IPC - Procuration of minor girl - The evidence did not establish that the accused induced the minor to go from one place to another for illicit intercourse. The acquittal was confirmed. (Paras 2-4) D) Criminal Procedure Code - Abatement - Section 394(2) Cr.P.C. - Appeal against accused No.1 abated due to his death during pendency of appeal. (Para 1)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and requires interference by the High Court.
Final Decision
The appeal is dismissed. The judgment of acquittal dated 09.04.2018 passed by the I-Addl. District and Sessions Judge, Ramanagara in Spl.Case No.97/2014 and Spl.Case No.101/2015 is confirmed. The appeal against accused No.1 stands abated.
Law Points
- Appeal against acquittal
- Section 378 Cr.P.C.
- standard of review
- presumption of innocence
- corroboration of evidence
- POCSO Act
- Section 6
- Section 366-A IPC
- Section 149 IPC
- abatement of appeal on death of accused
