State of Karnataka v. B Subramani
Case brief
What is this about?
State of Karnataka (Mahadevapura PS) criminal appeal against acquittal dismissed; rape S.376 IPC and cheating S.417 IPC ingredients not attracted; consent; assurance/promise of marriage; complainant a married woman with subsisting prior marriage; contradictory and improving evidence of P.W.1 versus complaint Ex.P1 and Medical Officer statement; DNA report Ex.P9 relied on by HCGP; admission of Rs.40,000/- settlement receipt; leave to appeal under S.378(1) and (3) CrPC; Cr.No.227/2013; SC.No.732/2014; LIII Addl. City Civil and Sessions Judge, Bengaluru; acquittal upheld; respondent served and unrepresented; coram H.P. Sandesh and Venkatesh Naik T, JJ.
What did the court decide?
The complaint nowhere stated the date of the alleged forceful sexual act (29.05.2012); P.W.1's allegation of rape in her house on that date, and the asserted tying of Thali on 31.05.2012, were improvements contradicting the complaint and her statement to the Medical Officer.