Case Note & Summary
The State of Karnataka, through the Assistant Superintendent of Police, Puttur, appealed against the judgment of acquittal dated 08.10.2015 passed by the II Addl. District & Sessions (Special) Judge, Mangaluru, in Special Case No.2/2011, acquitting the respondents (accused) for offences punishable under Section 376 of the Indian Penal Code, 1860 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case arose from an alleged incident of rape of a prosecutrix belonging to a Scheduled Caste by the accused persons. The trial court, after evaluating the evidence, found the prosecution case not proved beyond reasonable doubt and acquitted the accused. The State, being aggrieved, filed the present appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, seeking leave to appeal and to set aside the acquittal and convict the accused. The High Court, after hearing the arguments of the learned High Court Government Pleader for the appellant and the learned counsel for the respondents, examined the evidence on record. The court noted that the prosecutrix's testimony was full of contradictions and inconsistencies, and her conduct was unnatural. The medical evidence did not support the allegation of rape. There was also an unexplained delay in lodging the FIR. The court held that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. The trial court's judgment of acquittal was not perverse and did not call for interference. Consequently, the appeal was dismissed, and the acquittal of the accused was confirmed.
Headnote
A) Criminal Law - Rape - Section 376 IPC - Acquittal - Appeal against acquittal - Prosecution failed to prove guilt beyond reasonable doubt - Testimony of prosecutrix found unreliable due to contradictions and inconsistencies - Medical evidence did not support rape - Delay in lodging FIR not satisfactorily explained - Held, no interference with acquittal (Paras 1-20). B) Criminal Law - SC/ST Act - Section 3(2)(v) - Acquittal - No evidence that offence was committed on ground of caste - Prosecutrix's testimony not credible - Held, acquittal upheld (Paras 1-20).
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and liable to be set aside?
Final Decision
The appeal is dismissed. The judgment of acquittal dated 08.10.2015 passed in Special Case No.2/2011 by the II Addl. District & Sessions (Special) Judge, Mangaluru, D.K., is confirmed.
Law Points
- Appeal against acquittal
- presumption of innocence
- standard of proof beyond reasonable doubt
- appreciation of evidence in rape cases
- corroboration of prosecutrix testimony
- medical evidence
- delay in lodging FIR
- Section 376 IPC
- Section 3(2)(v) SC/ST Act
