State of Karnataka v. Anjini S/O Vaddara Ramesh
Case brief
What is this about?
Criminal appeal filed by the State challenging the conviction and acquittal of the accused for rape. The High Court found that the prosecution failed to prove kidnapping. Regarding sexual assault, the Court held eyewitness testimony unreliable due to FSL report inconsistencies concerning semen detection, thereby upholding the acquittal.
What did the court decide?
Criminal appeal dismissed; acquittal of the respondent upheld.
What the court decided
THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2021
PRESENT
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
AND
THE HON’BLE MS.JUSTICE J.M. KHAZI
CRIMINAL APPEAL NO.100028/2019
BETWEEN
STATE OF KARNATAKA REPRESENTED BY TH E CIRCLE INSPECTOR OF POLICE, KURUGODU CIRCLE, DIST: BALLARI THROUGH THE ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERL OFFICE, HIGH COURT OF KARNATAKA DHARWAD BENCH.
…APPELLANT
(BY SRI. V.M BANAKAR, ADDL.SPP) AND
ANJINI S/O. VADDARA RAMESH, AGE:23 YEARS, R/O. WARD NO.4, NEAR GANESH TEMPLE, KUDITHINI VILLAGE, BALLARI DISTRICT. …RESPONDENT (BY SRI.S.C.BHUTI, AMICUS CURIAE)
Issues for consideration
3 issues framed by the court
Whether the Trial Court erred in acquitting the accused given evidence proving the prosecutrix was a minor below 16 years of age at the time of offense.
Whether the allegations of kidnapping and abduction under Section 366-A were substantiated by the evidence on record.
Whether the prosecution established the ingredients of rape under Section 376 IPC and Section 4 of POCSO Act.
Parties & counsel
- appellant
STATE OF KARNATAKA
- appellant
ANJINI
Coram
SURAJ GOVINDARAJ
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- CRL.A/100028/2019
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