Case Note & Summary
The appellant, Obalesha @ Ranga, was convicted by the Fast Track Sessions Court-XVI, Bangalore City, in S.C.No.305/2011 for offences under Sections 366 and 342 of the Indian Penal Code, 1860. The prosecution alleged that on 10.11.2010 at around 7.00 p.m., the victim, Kum. Preethi (PW.6), after attending tuition at the house of Smt. G. Selva (PW.4), was kidnapped by the appellant and wrongfully confined. The trial court convicted the appellant, leading to this appeal under Section 374(2) Cr.P.C. The appellant, represented by Sri. A.N. Radhakrishna, argued that the evidence was inconsistent and lacked corroboration. The High Court, per Justice K. Somashekar, heard the appeal and perused the impugned judgment. The court found that the victim's testimony was inconsistent and not corroborated by other witnesses. The prosecution failed to prove the essential ingredients of kidnapping and wrongful confinement beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Kidnapping - Section 366 IPC - Conviction set aside - Prosecution failed to prove that the accused kidnapped the victim with intent to compel her marriage - Inconsistencies in victim's testimony and lack of corroboration - Held that benefit of doubt must be given to accused (Paras 5-10). B) Criminal Law - Wrongful Confinement - Section 342 IPC - Conviction set aside - No evidence of confinement - Victim's conduct inconsistent with alleged confinement - Held that prosecution failed to establish essential ingredients (Paras 5-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 366 and 342 of IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offences under Sections 366 and 342 IPC.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Lack of corroboration
- Failure to prove guilt beyond reasonable doubt
- Acquittal in criminal appeal
