Case Note & Summary
The appellant, Somashekara @ Soma, was convicted by the LIII Additional City Civil and Sessions Judge, Bengaluru, in Spl. C.C. No.136/2015 for offences punishable under Sections 376, 506, 323 of the Indian Penal Code (IPC) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The conviction was based on a complaint filed by PW-1, Smt. Kolaramma, the mother of the victim girl (PW-2). The prosecution alleged that the appellant, a neighbour, lured the 14-year-old victim with love and took her to a secluded place near Babupalya, Horamavu, where he committed penetrative sexual assault. The appellant appealed against the conviction and sentence. The High Court of Karnataka, after hearing the appeal, examined the evidence. The victim (PW-2) testified that the appellant took her to a secluded place and committed sexual assault, but her cross-examination revealed inconsistencies. She admitted that she had not told her mother about the incident immediately and that her mother had filed the complaint after a delay. The medical evidence (PW-5, Dr. Shwetha) showed that the victim's hymen was not intact but there were no signs of recent sexual intercourse or injuries. The victim had told the doctor that she had been sexually assaulted multiple times over a period, but in court she claimed only one incident. The High Court found that the victim's testimony was not reliable and that the medical evidence did not corroborate the allegations. The court held that the prosecution failed to prove the case beyond reasonable doubt and that the appellant was entitled to the benefit of 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 POCSO - Inconsistent Testimony - Benefit of Doubt - The appellant was convicted for penetrative sexual assault under Section 5(l) read with 6 of POCSO Act and Sections 376, 506, 323 IPC. The victim's testimony was found to be inconsistent and unreliable, and the medical evidence did not corroborate the allegations. The High Court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant. (Paras 1-10) B) Evidence Law - Corroboration - Medical Evidence - In a rape case, medical evidence is crucial to corroborate the victim's testimony. In this case, the medical report did not show any signs of recent sexual intercourse or injuries, and the victim's own statement to the doctor contradicted her court testimony. The court held that such discrepancies entitle the accused to the benefit of doubt. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 506, 323 IPC and Section 5(l) read with 6 of POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment of conviction and sentence dated 27.01.2018 passed by LIII Additional City Civil and Sessions Judge, Bengaluru in Spl. C.C. No.136/2015 is set aside. The appellant is acquitted of all charges.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of corroboration
- Medical evidence not supporting rape
- Acquittal in POCSO cases
