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Sunilkumar Alias Sunil S/O Nagendrappa ... vs The State Of Karnataka
2024 Latest Caselaw 15425 Kant

Citation : 2024 Latest Caselaw 15425 Kant
Judgement Date : 3 July, 2024

Karnataka High Court

Sunilkumar Alias Sunil S/O Nagendrappa ... vs The State Of Karnataka on 3 July, 2024

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                                                           CRL.A No.200071 of 2019



                                 IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 3RD DAY OF JULY, 2024

                                                 PRESENT

                             THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                                   AND
                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                             CRIMINAL APPEAL NO.200071 OF 2019 (374)

                      BETWEEN:

                      SUNILKUMAR ALIAS SUNIL
                      S/O NAGENDRAPPA KODBOOR,
                      AGE: 29 YEARS,
                      OCC: STUDENT,
                      R/O: KALAGI VILLAGE,
                      TQ: CHITTAPUR,
                      DIST: KALABURAGI.
                                                                      ...APPELLANT

                      (BY SRI. NANDKISHORE BOOB, ADVOCATE)

Digitally signed by   AND:
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH
                      1.   THE STATE OF KARNATAKA
COURT OF                   THROUGH MAHILA
KARNATAKA
                           POLICE STATION KALABURAGI,
                           REPRESENTED BY ITS
                           ADDITIONAL STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA,
                           KALABURAGI BENCH,
                           KALABURAGI - 585 103.

                      2.   RAJKUMAR
                           S/O JEEVARAJ,
                           AGE: 58 YEARS,
                           OCC: TAILOR,
                           R/O: H.NO.9-350/8B,
                             -2-
                              NC: 2024:KHC-K:4529-DB
                                  CRL.A No.200071 of 2019



    CHANNAMMAALKESHWAR NAGAR,
    LANGOTI PEER DARGHA,
    SHAHABAZAR, KALABURAGI - 585 101.

                                            ...RESPONDENTS
(BY SRI. SIDDALING P. PATIL, ADDL. S.P.P;
    R2 SERVED)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(1) OF CODE OF CRIMINAL PROCEDURE, PRAYING TO SET
CALL FOR THE RECORDS IN SPL. CASE (POCSO) NO.52/2015
ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE, AT
KALABURAGI AND PERUSE THE SAME, ALLOW THIS APPEAL
AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
AND    SENTENCE     DATED   16.03.2019  PASSED    IN
SPL.CASE.(POCSO) NO.52/2015 ON THE FILE OF THE II
ADDITIONAL SESSIONS JUDGE, AT KALABURAGI AND SET
ASIDE THE APPELLANT / ACCUSED AT LIBERTY IN THE
INTEREST OF JUSTICE.

     THIS CRIMINAL APPEAL COMING ON FOR FINAL
HEARING, THIS DAY, RAJESH RAI K., J., DELIVERED THE
FOLLOWING:
                       JUDGMENT

This appeal by the convicted accused directed against

the judgment of conviction and order of sentence passed

in Spl.C.POCSO.No.52/2015 dated 16.03.2019 passed by

the II Additional Sessions Judge at Kalaburagi, wherein

learned Sessions Judge convicted the accused for the

offences punishable under Sections 366-A, 376(2)(n),

506, 343 of IPC and Section 6 of the Protection of Children

from Sexual Offences Act, 2012 (for short 'POCSO Act')

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and sentenced the accused to undergo rigorous

imprisonment for life and to pay a fine of Rs.1,00,000/-

both for the offences punishable under Sections 376(2)(n)

of the IPC & Section 6 of the POCSO Act and in default, he

shall undergo simple imprisonment for a period of two

year. Further, the accused was sentenced to undergo

rigorous imprisonment for ten years and to pay a fine of

Rs.1,00,000/- for the offence punishable under Section

366-A of the IPC and in default, he shall undergo simple

imprisonment for a period of thirty months. He also

sentenced to undergo rigorous imprisonment for a period

of two years and to pay a fine of Rs.10,000/- for each

offences punishable under Sections 343 & 506 of IPC and

in default, he shall undergo simple imprisonment for a

period of six months.

2. The factual matrix of the prosecution case in

brief that:-

The father of the victim i.e., one Rajakumar lodged

the complaint before the respondent-Police on 05.08.2015

alleging that his daughter i.e., the victim girl went to

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college on 23.07.2015 in the morning hours at about 9:30

a.m. Thereafter, she did not return to house. Himself and

family members searched her for one day and on

24.07.2015, he came to know that the accused kidnapped

his daughter from College and hence, he lodged the

complaint before the Police as per Ex.P1. Based on the

said complaint, the Kalburagi Women Police registered the

case against the accused for the offence punishable under

Section 363 of IPC in Crime No.53/2015 dated 05.08.2015

as per Ex.P23. Subsequently, after 20 days, the accused

and the victim were traced at Bengaluru and the

respondent-Police arrested the accused. The respondent-

Police recorded the statement of the victim so also sent

her for medical examination. Thereafter, recorded her

statement under Section 164 of Cr.P.C. before the

Jurisdictional Magistrate and completed the investigation

by recording the statement of all the witnesses so also

after obtaining necessary documents from the concerned

authorities including the medical reports, the Investigation

Officer i.e., PW.19 laid the charge sheet before the Special

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Court against the accused for the offences punishable

under Sections 363, 376(2)(n), 506, 343 of IPC and

Section 6 of the POCSO Act, 2012. The learned Special

Judge, after taking cognizance of the offence, framed the

charges against the accused for the aforementioned

offences and read over the same to the accused. However,

the accused denied the charges levelled against him and

claims to be tried.

3. In order to prove the charges levelled against

the accused, before the Special Court, the prosecution in

total examined 19 witnesses as PW.1 to PW.19 so also got

marked 24 documents as Exs.P1 to P24 and got identified

12 material objects as MOs.1 to 12.

4. After completion of the prosecution evidence,

the incriminating portion of the evidence on material

witnesses read over to the accused as per the provisions

of Section 313 of Cr.P.C. However, the accused denied the

same. On the other hand, the accused also examined

himself as DW.1 and got marked 18 documents as per

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Exs.D1 to D18. The defence of the accused is that himself

and PW.2-victim girl were loving each other and she was

insisting him to marry. At no point of time, he has either

kidnapped her or committed forcible sexual intercourse on

her. Since he failed to marry PW.2, her father lodged a

false complaint against accused.

5. After assessment of oral and documentary

evidence placed before the Special Court, learned Special

Judge convicted the accused for the aforementioned

offences and sentenced him as stated supra. The said

judgment of conviction and order of sentence is challenged

under this appeal.

6. We have heard the learned counsel Sri

Nandkishore Boob for appellant so also learned Additional

SPP Sri Siddaling P. Patil for respondent-State.

7. It is the primary contention of the learned

counsel for the appellant that the judgment of conviction

and order of sentence passed by the Special Court

challenged under this appeal suffers from perversity and

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illegality. Learned Special Judge convicted the accused

only based on surmises and conjectures without

appreciating the evidence on record on right perspective.

He would further contend that the evidence of PW.2-victim

girl cannot be relied to convict the accused for the charges

levelled against him since there are material contradictions

and omissions in her evidence in respect of the alleged

incident. He would also contend that the prosecution

miserably failed to prove the alleged sexual assault

committed by the accused on PW.2. On perusal of the

evidence of the Doctor i.e., PW.9 categorically stated in

her evidence that there is no recent sexual intercourse

committed on the victim. Accordingly, she issued Ex.P11-

Medical Certificate. She also stated that there are no such

injuries found on the private part of the victim or on her

body. In such circumstance, the prosecution failed to

prove the alleged sexual act committed by the accused on

the victim. He would further contend that the prosecution

also failed to prove the age of the victim girl that as on the

date of the incident, she was minor. Though the

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prosecution relied on the evidence of PW.11 i.e., the

Principal of HKE Society's Polytechnic College, Kalaburagi,

the Transfer Certificate and SSLC Marks Card of the victim

girl, the same depicts that the date of birth of the victim is

10.03.1999 and according to the same, the victim was

aged about 15 years 6 months. At the same time, the

evidence of Doctor-PW.9 and Ex.P11-Medical Certificate

issued by her clearly discloses that the victim was aged

about 18 to 19 years. In the cross-examination of PW.9,

she categorically admitted that the age of the victim was

determined by her on going through the evidence of

dentist so also considering the x-ray report. In such

circumstance, there are contradictory versions in respect

of the age of the victim girl. Hence, the prosecution failed

to prove the same. According to the learned counsel, in

such circumstance, the benefit of doubt in respect of age

has to be extended in favour of the accused. Learned

counsel would also contend that the evidence of PW.2

clearly discloses that herself and accused stayed together

for a period of 20 days and she voluntarily accompanied

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him from the College and she remained silent for a period

of 20 days without informing the act of the accused to

anybody including her parents or neighbours. In such

circumstance, the prosecution failed to prove the forcible

sexual act committed by the accused. Accordingly, he

prays to allow the appeal by setting aside the impugned

judgment and order.

8. Refuting the above submission, learned

Additional SPP would vehemently contend that the

judgment challenged under this appeal does not suffers

from any perversity or illegality since the learned Special

Judge convicted the accused after meticulously examining

the evidence available on record in a well reasoned

judgment and the same does not call for any interference

by this Court. He would further contend that PW.2-victim

girl, PW.1 and PW.3 the parents of victim girl clearly

supported the case of the prosecution. The victim girl

categorically deposed in her evidence about forcible sexual

act committed by the accused on her for a period of 20

days against her will. Further, the prosecution also proved

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that the victim was minor at the time of alleged incident.

The certificates i.e., Exs.P13 to P15 issued by PW.11

clearly disclose that the victim was minor at the time of

alleged incident. In such circumstance, learned Special

Judge has rightly convicted the accused for the charges

levelled against him. Accordingly, he prays to dismiss the

appeal.

9. Having heard the learned counsel for respective

parties so also having perused the documents made

available before us, the points that would arise for our

consideration are:

(i) Whether the judgment of conviction and order of sentence challenged under this appeal suffers from perversity and illegality?

(ii) Whether the learned Special Judge is justified in convicting the appellant for the offences punishable under Sections 366-A, 376(2)(n), 506, 343 of IPC and Section 6 of the POCSO Act?

10. This Court being the Appellate Court, in order to

re-appreciate the entire material on record, it is relevant

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to consider the witnesses examined and the documents

relied upon.

(i) PW.1-Rajakumar, is the father of the victim girl

in this case, who lodged the complaint before the

respondent-Police as per EX.P1. He reiterated the

complaint averments and deposed that his daughter i.e.,

the victim was aged about 17 years at the time of

incident. On 23.07.2015 at about 9:30 a.m., she left the

house to go to college, however, she did not return from

the college on that day. Thereafter, himself and his family

members searched for her and on the next day, he came

to know that the accused kidnapped her from the college.

Hence, he lodged the complaint before the Police against

the accused. He also stated that later about 20 days, the

victim called him through phone and informed that the

accused was forcibly confined her in an apartment at

Bengaluru and as such, himself and two Police officials

went to Bengaluru and traced the accused and the victim

and brought them to Kalburagi. Thereafter, they took her

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to hospital for treatment. He also deposed that the victim

has given 164 statement before the Magistrate.

(ii) PW.2 is the victim girl in this case. According to

her, the accused used to insist her to love him, though she

denied his proposal. Thereafter, when she was going to

College, for about three to four times, he informed her to

accompany him. When she refused to do so, he threatened

her with dire consequences. On that background, on

23.07.2015 at about 9.30 a.m., the accused came to her

College and forcibly took her to Kalaburagi City, from

there both of them went to Bijapur, in turn they went to

Bengaluru and he kept her in an apartment at Jigani.

Thereafter, he used to commit forcible sexual intercourse

on her everyday. After some days, she called her father.

Thereafter, PW.1 and the Police came and rescued her

from the accused. She identified her statement made

before the Magistrate as per Ex.P2.

(iii) PW.3-Sarika is the mother of the victim. She

also reiterated the evidence of PW.1 and deposed that her

daughter was missing from 23.07.2015 and thereafter,

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herself and her husband i.e., PW.1 lodged the complaint

before the Police against the accused since they got

information about the kidnap of their daughter by the

accused.

(iv) PW.4-Mangalabai is the grand mother of PW.2-

victim. She also deposed that the victim came to her

house Kalagi Village in Summer Vacation and at that time,

the accused used to tease the victim and insist her to love

him. Though she advised him not to indulge in such act,

he continued the same and thereafter, she came to know

that the accused kidnapped her and committed sexual

intercourse on the victim.

(v) PW.5-Prashanth is the brother of PW.3 and

uncle of the victim. He also stated that the accused used

to insist the victim-PW.2 to love him and thereafter, they

came to know that the accused had kidnapped her and

committed sexual act on her. According to him, he also

accompanied PW.2 and the Police to Bengaluru while

nabbing the accused from the apartment at Jigani, Anekal

Taluk, Bengaluru.

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(vi) PW.6-Ambrish is the circumstantial witness.

According to the prosecution, the accused requested PW.6

to arrange rented house at Bengaluru. However, this

witness totally turned hostile to the prosecution case.

(vii) PW.7-Bhagyajyoti @ Bhagyashri is the tenant in

the apartment at Jigani, Anekal Taluk, Bengaluru, where

the accused detained the victim. However, this witness

also totally turned hostile to the prosecution case.

(viii) PW.8-Vijayakumar and PW.10-Shivayogi are

the witnesses to Exs.P8 to P10 i.e., mahazars of recoveries

of the clothes worn by the victim and the accused

respectively at the time of the alleged incident.

(ix) PW.9-Dr.Ayeshahumera, the Assistant

Professor, KBN Medical University. This witness examined

the victim on 24.08.2015 and after obtaining the FSL

report, gave a final opinion that there was no such sexual

act committed on PW.2. She also deposed that the age of

the victim girl was 18 to 19 years.

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(x) PW.11-Nijalingappa is the then Principal of

Women Polytechnic College HKE. He issued the age proof

along with attested copies of SSLC Marks Card and

Transfer Certificate of PW.2-victim as per Ex.P13 to Ex.P15

respectively.

(xi) PW.12-Dr.Balachandra is the Medical Officer,

who examined the accused and issued Certificate as per

Ex.P16 that the accused is capable of performing sexual

act.

(xii) PW.13-Narayanarao is the Assistant Engineer of

PWD, who prepared the spot sketch as per Ex.P17 and

Ex.P18.

(xiii) PW.14-Sampathkumar is the owner of the

apartment where the accused and victim stayed for a

period of 20 days at Jigani, Anekal Taluk, Bengaluru.

However, this witness totally turned hostile to the

prosecution case.

(xiv) PW.15-Mohd. Pasha, the then ASI of

respondent Police, recorded the statement of the victim

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girl and sent a requisition to the Court to incorporate

Section 376 of IPC and Section 4 of the POCSO Act as per

Ex.P20.

(xv) PW.16-H.V.Krishnappa is the PDO, who issued

the Demand Register Extract and Assessment Register

Extract pertaining to the apartment of one Nagaraju where

the accused and victim stayed at Bengaluru as per Ex.P21

and Ex.P22.

(xvi) PW.17-Smt.Saraswathi is the ASI, who brought

the accused and the victim from Bengaluru and produced

them before Women-PSI on 24.08.2015.

(xvii) PW.18-Shaila S. Pyatishettar is the then PSI of

Kalaburagi Mahila Police Station. She received the

complaint from PW.1 on 05.08.2015 and registered the

FIR against the accused for the offence punishable under

Section 363 of IPC as per Ex.P23 and thereafter, drawn

the spot mahazar and also recorded the statement of

CWs.3 to 7.

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(xviii) PW.19-Umashankar is the then Police

Inspector, who conducted the entire investigation and laid

charge sheet before the Special Court against the accused.

(xix) DW.1-Sunil Kumar is the accused in this case.

He deposed that himself and the victim were loving each

other and the family members of the victim were aware

about their love affair, however, his family members were

not aware of the same. Since, the family backgrounds of

the victim was not good and her maternal uncle was

playing madka and involved in criminal cases, the family

of the accused refused the marriage proposal. Enraged by

the same, they lodged a false complaint against him.

11. On careful perusal of the above evidence

available on record, in order to prove the charges levelled

against the accused, the prosecution mainly relied on the

evidence of PW.2-victim girl so also her parents, i.e., PW.1

and PW.3. On careful examination of evidence of PW.2,

she categorically deposed in her evidence that prior to the

incident, 3 to 4 times the accused visited her College and

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insisted her to love. As per the alleged incident is

concerned, she stated that on 23.07.2015, the accused

came to her College, from there they both went to

Kalaburagi City Bus Stop, from there to Bijapur, from

Bijapur to Bengalaru i.e., Jigani, Anekal Taluk and they

stayed for 29 days i.e., 24.07.2015 to 23.08.2015 in the

said place.

12. In the cross examination of PW.2, she

categorically admitted that even on the date of incident,

i.e., when the accused taking her to Kalaburagi City Bus

Stop or from there to Bijapur or from Bijapur to

Bengaluru, she did not make any such hue and cry or

made an attempt to escape or to inform anybody about

the act of the accused. It is her admitted case that they

both travelled in the bus and she did not inform the same

to anybody. Further, during her stay at Bengaluru in an

apartment, which consisting of several flats and in spite of

that, she did not inform the act of the accused to anybody

including the neighbours or other residence of the said

apartment. She also failed to inform the same to her

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parents for a period of 20 days. In such circumstance,

there is a doubt arise in the mind of this Court about her

version that the accused forcibly kidnapped her and

thereafter, detained her in the house and committed

forcible sexual intercourse on her. Though PW.1, PW.3,

PW.4 and PW.5 i.e., the parents, grand mother and her

uncle deposed about the act committed by the accused,

however, they are the hearsay witnesses to the

prosecution case. Hence, much credence cannot be given

to their evidence. Additionally, to prove the sexual act

committed by the accused, the evidence of PW.9-Doctor,

who examined the victim categorically deposed in her

evidence that based on FSL report she gave a final opinion

that "there is no recent evidence of sexual act" and the

same is forthcoming in Ex.P11. Further, the prosecution

also obtained the FSL Certificate as per Ex.P12 which

depicts that either the seminal stains or spermatozoa were

not detected in any of the items sent for the FSL.

Admittedly, there are no such injuries found either on the

private part of the victim or on her body as deposed by

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the Doctor-PW.9. It is pertinent to mention at this juncture

that, PW.9 examined the victim on 24.08.2015 i.e.

immediately on the next day she brought by the Police

from Bengaluru. According to the victim, from 24.07.2015

till 23.08.2015, the accused forcibly committed sexual

intercourse on her. But, as per Doctor-PW.9, who

examined the victim on the very next day i.e., on

24.08.2015, there is no such forcible sexual act committed

by the accused. In such circumstance, the oral testimony

of PW.2-the victim is contrary to the evidence of PW.9 and

the Medical Certificate as per Ex.P11. In such

circumstance, the once again a doubt arises in the mind of

this Court about the genuinity of the prosecution case.

13. In order to prove the age of the victim that she

was minor at the time of commission of crime, though the

prosecution relied on the SSLC Marks Card and Transfer

Certificate issued by PW.11 as per Ex.P14 to Ex.P15, as

rightly contended by the learned counsel for the

accused/appellant, on perusal of the evidence of Doctor-

PW.9, the same depicts that the victim was aged about 18

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to 19 years. The said opinion of the Doctor is based on

the x-ray report so also on the opinion of the Dentist. In

such circumstance, the prosecution also failed to prove the

age of victim beyond the reasonable doubt that she was

minor at the time of alleged incident. No doubt, the

Transfer Certificate and the SSLC Marks Card are to be

treated as primary documents to consider the age of

victim, however, at the same time, weightage also to be

given to the opinion of the Doctor for the reason that the

same was based on x-ray report and the opinion of the

Dentist.

14. The Hon'ble Apex Court in the case of

P.Yuvaprakash v. State rept. by Inspector of Police

reported in 2023 SCC OnLine SC 846 held that in order

to prove the age of the victim girl, equal credence has to

be given to the Birth Certificate, Transfer Certificate, the

x-ray and Bone Ossification Test.

15. In the case on hand, since there are

contradictory version in respect of the age of the victim

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i.e., Ex.P11 and Ex.P13 to P15, in such circumstance, as

held by the Hon'ble Apex Court, in the case of Vinod

Katara vs. State of U.P., reported in 2022 SCC OnLine

1204, by referring the case of Ram Suresh

Singh v. Prabhat Singh reported in (2009) 6 SCC 681

and Jyoti Prakash Rai v. State of Bihar reported in

(2008) 15 SCC 223, held in Paragraph 60 is as follows:

The ossification test is not conclusive for age

determination because it does not reveal the exact age of

the person, but the radiological examination leaves a

margin of two years on either side of the age range as

prescribed by the test irrespective of whether the

ossification test of multiple joints is conducted. The courts

in India have accepted the fact that after the age of thirty

years the ossification test cannot be relied upon for age

determination. It is trite that the standard of proof for the

determination of age is the degree of probability and not

proof beyond reasonable doubt.

16. We are aware that, in a case of sexual assault,

the evidence of the sole testimony of the victim can be

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relied. At the same time, such evidence of victim must be

in a sterling quality. The Hon'ble Apex Court in the case of

Rai Sandeep alisas Deepu Vs. State (NCT of Delhi),

reported in (2012) 8 SCC 21 held in Paragraph No.22 is

as under:

"22. In our considered opinion, the "sterling witness" should be of a very high quality and calibre whose version should, therefore, be unassailable. The court considering the version of such witness should be in a position to accept it for its face value without any hesitation. To test the quality of such a witness, the status of the witness would be immaterial and what would be relevant is the truthfulness of the statement made by such a witness. What would be more relevant would be the consistency of the statement right from the starting point till the end, namely, at the time when the witness makes the initial statement and ultimately before the court. It should be natural and consistent with the case of the prosecution qua the accused. There should not be any prevarication in the version of such a witness. The witness should be in a position to withstand the cross- examination of any length and howsoever strenuous it may be and under no circumstance should give room for any doubt as to the factum of the occurrence, the persons involved, as well as the sequence of it. Such a version should have co-relation with each and every one of other supporting material such as the recoveries made, the weapons used, the manner of offence

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committed, the scientific evidence and the expert opinion. The said version should consistently match with the version of every other witness. It can even be stated that it should be akin to the test applied in the case of circumstantial evidence where there should not be any missing link in the chain of circumstances to hold the accused guilty of the offence alleged against him. Only if the version of such a witness qualifies the above test as well as all other such similar tests to be applied, can it be held that such a witness can be called as a "sterling witness" whose version can be accepted by the court without any corroboration and based on which the guilty can be punished. To be more precise, the version of the said witness on the core spectrum of the crime should remain intact while all other attendant materials, namely, oral, documentary and material objects should match the said version in material particulars in order to enable the court trying the offence to rely on the core version to sieve the other supporting materials for holding the offender guilty of the charge alleged.

17. Hence, on applying the above law laid down by

the Hon'ble Apex Court to the fact and circumstances of

this case, the evidence of PW.2 cannot be termed as a

sterling quality. As discussed supra, her silence when the

alleged kidnap committed by the accused and thereafter

travelling from Kalaburagi to Anekal, Bengaluru and

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staying there for a period of 28 days without resistance or

without any intimation to anybody does not inspire

confidence of this Court.

18. Per contra, in order to substantiate the defence

of the accused, he produced Ex.D18, i.e., the letter signed

by victim, which depicts that herself and accused were

loving from past one year and since the family members

did not agree for the same, they both went to Bengaluru

and married on 26.07.2015. During the course of cross-

examination of PW.2, the defence counsel confronted nine

photos of herself and the accused, which shows that they

both had love affair. The said photographs and letter as

per Ex.D18 were admitted by PW.2 in her evidence. In

such circumstance, inference can be drawn that the

accused and the victim were in love and thereafter, for

some reason, the father of the victim lodged the complaint

against accused. Further, there is a delay of 14 days in

lodging the complaint. As discussed supra, the oral

testimony of PW.2 does not corroborates with the medical

evidence and the prosecution utterly failed to prove the

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forcible sexual act committed by the accused on victim or

the alleged act of kidnap, we are of the view that the

judgment of conviction and order of sentence passed by

the learned Special Judge calls for interference since the

same is suffers from perversity and illegality.

19. Accordingly, we answer point No.1 in the

affirmative and point No.2 in the negative and proceed to

pass the following:

ORDER

i) The criminal appeal is allowed.

ii) The judgment of conviction and order of sentence passed in Spl.C.POCSO.No.52/2015 dated 16.03.2019 by the II Additional Sessions Judge, Kalaburagi is hereby set aside.

iii) The appellant/accused is acquitted for the charges levelled against him i.e., for the offences punishable under Sections 366-A, 376(2)(n), 506, 343 of IPC and Section 6 of POCSO Act.

- 27 -

                                    NC: 2024:KHC-K:4529-DB




         iv) The concerned        Jail Authorities are
              directed      to             release        the
              appellant/accused,          if    he   is   not
              required in any other case.




                                                 Sd/-
                                                JUDGE




                                                 Sd/-
                                                JUDGE

HKV

CT;BN
 

 
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