The Karnataka High Court at Bengaluru has dismissed a criminal appeal filed by the complainant questioning the order of an acquittal for the offenses punishable under Sections 354, 376, 420, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, observing that no grounds were made out to interfere with the well-reasoned judgment of the trial court.
The Appeal arose from a judgment dated December, 14 2023 passed by the LIII Additional City Civil and Sessions Special Judge, Bengaluru, acquitting the accused for the offences punishable under Sections 354, 420, 376, 504, 506 read with 34 of Indian Penal Code, 1860. The prosecution’s case was that the complainant came into contact with the accused through Shaadi.Com in March 2020, and during lockdown, the complainant was allegedly confined for four days and raped under the guise of marriage.
Hearing the appeal, the bench comprising Justice H.P. Sandesh and Justice Venkatesh Naik T noted that the trial court has discussed both the oral and documentary evidence available on record, the testimony of the prosecutrix, and the medical evidence in detail. The court also noted that the medical evidence did not disclose any injuries, except for noting that the hymen was ruptured; no material discloses the allegation of forcible sexual intercourse. The Court then noted the Trial Court’s finding on inconsistencies in the prosecutrix’s version, particularly with regard to the place of occurrence.
Considering the fact that the prosecutrix was not willing to marry the accused, and all the materials available on record, the High Court found no ground to admit the appeal and accordingly dismissed the appeal.
Appearance:
State Public Prosecutor-II Vijayakumar Majage for Appellant
Advocate Shaikh Saoud for Respondent 1 and 2
