Case Note & Summary
The appellant, Narayana Swamy, was convicted by the II Additional District and Sessions Judge, Chikkaballapura (sitting at Chintamani) in Spl.S.C.No.30/2016 for offences punishable under Section 376(2) and 506 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He was sentenced to rigorous imprisonment for 10 years and fine for the rape and POCSO offences, and 6 months for criminal intimidation. The appellant appealed against the conviction and sentence. The High Court of Karnataka heard the appeal. The prosecution case was that the appellant committed rape on a minor girl aged about 14 years on 15.03.2016 at about 1.00 p.m. when she was returning from school. The prosecutrix (PW-1) testified that the appellant took her to a secluded place and committed rape. However, her mother (PW-2) stated that the prosecutrix told her about the incident only after 15 days. The medical evidence (PW-4, Doctor) showed no injuries on the prosecutrix and her hymen was intact, indicating no recent sexual assault. The High Court found material contradictions in the evidence of the prosecutrix and her mother regarding the date and time of the incident. The court held that the prosecutrix's testimony was not reliable and lacked corroboration. The medical evidence did not support the allegations. The court also noted that the delay in lodging the FIR was not satisfactorily explained. 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 - Rape and POCSO - Appreciation of Evidence - Inconsistencies in Prosecutrix's Testimony - The prosecutrix's evidence was found to be inconsistent and unreliable, lacking corroboration from medical evidence or other witnesses - Held that conviction cannot be based solely on uncorroborated testimony of the prosecutrix when it is not trustworthy (Paras 10-15). B) Criminal Law - POCSO Act - Section 6 - Aggravated Penetrative Sexual Assault - Medical Evidence - The medical evidence did not support the allegations of sexual assault, as no injuries were found and the hymen was intact - Held that medical evidence is crucial in such cases and its absence weakens the prosecution case (Paras 16-18). C) Criminal Law - Indian Penal Code - Section 376(2) - Rape - Standard of Proof - The prosecution failed to prove the case beyond reasonable doubt due to contradictions in the evidence of the prosecutrix and her mother - Held that the benefit of doubt must be given to the accused (Paras 19-22).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2) IPC and Section 6 of POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Appreciation of evidence in sexual offences
- Corroboration of prosecutrix testimony
- Standard of proof beyond reasonable doubt
- Presumption of innocence
- Benefit of doubt
